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>. 


f 


PERKINS  LIBRARY 

Dulce    University 


Karc  Dooke 


BILL  No.  1.  v  0^ 


CM- 


SENATE   BILL. 


A    BILL 

To  provide  for   elect/'));/   Members  of  a    Convention,   and  to   convene 

tin'   same. 

1.  Be  it  enacted  by  the  General  Assembly,  That  it  shall  he  the 

2  duty  of  the  superintendents  and  officers  who  were  appointed  to  super- 

3  intend  and  conduct  elections  for  county  officers  in  May  last,  at  the 

4  places  established  for  holding  elections  for  members  of  the  General 

5  Assembly,  to  open   polls   for   electing   delegates  to  a  Convention,  to 

6  consider   and   propose   such   measures  as  may  be  expedient  for   this 

7  Commonwealth  to  adopt  in  the  present  crisis  of  State  and  National 

8  affairs.     The  said  election  shall  be  held  on  the  day  of  Feb- 

9  ruary,  in  the  year  of  our  Lord  18G1. 

2.  The  Convention  shall  consist  of  one  hundred  and  fifty-two 
2  members,  to  be  chosen  for  and  by  the  several  counties  and  cities  of 
•".  the  Commonwealth,  as  prescribed  by  the  second  section  of  the  fourth 

4  article  of  the  Constitution  of  this  State,  for  the  election  of  members 

5  of  the  House  of  Delegates.  The  county  or  counties  which  alter- 
»;  nately  vote  for  delegates  to  the  General  Assembly,  under  the  said 
7  article  of  the  Constitution,  and  which,  at  the  next  election  for  dele- 


Hill   No.  1. 

tea,  shall 
Com  1  in  the  Bame 

r  that  they  would  tx  to,  if  the  w<  re  for 

11:.  >f  the  i.  the  Gem  ral   \  jsembly. 

!  :t  member  <>t'  the  Convention,  who 
tin-  time  of  election  has  ge  of  twenty-five  years, 

d  of  this  <  lommonwealth. 
I.  I  election  shall,  in  all  reaped  .  be  conducted  in  the 

ide  prescribed,  and  tin-  officers  conducting  the  Bame  shall  be  \ 
8  with  tin-  powers,  perform  the  duties,  receive  the  same  compensation, 
4  and  be  liable  t<>  the  penalties  prescribed  by  law  for  genera]  elections, 
herein,  prescribed. 
•  •.  Tii-'  ji'  11-  thai]  remain  open  for  one  day  only,  and  the  com- 

~  mi  superintending  the  said  election,  al  the  courthouses,  Bhall 

;;  meet  in  their  resp<  otiea  and  corporations,  on  the  second 

y  after  1  m  day:  Bhall  then  compare  the  polls  for  their 

itive  counties  ami  corpi  rations  which  elect  a  delegate  or  clclc- 

and  ascertain  and  certify  the   votes  of  the   counties   and 

rporations,  or  parts   thereof,  comprising  election   districts,  and 

liver  a  certified  statement  thereof  to  the  officers  conducting  the 

,i  :it  the  courtaou 

I"  And,  to  compare  the  returns  from  tin'  respective  counties  and 

11  parts  of  counties  forming  election  districts  for  members  of  the 

12  Gfonera]  Assembly,  the  officers  conducting  the  election  at  the  court- 

13  houses  of   the  respective  counties  and   parts  of   counties   of   such 


Bill  No.  1.  3 

14  election  districts,  shall  meet  and  compare  the  returns  at  the  places 

15  now  required  by  law  for  such  comparison,  on  the  fourth  day  after 

16  the  election,  and  make  returns  of  the  election. 

6.  The  members  so  chosen,  shall  meet  o^  the  day 

2  of  February  next,  and  proceed  to  adopt  such  measures  as  they  may 

3  deem  expedient  for  the  welfare  of  the  Commonwealth.     The  sessions 

4  of  the  said  Convention  shall  be  held  in  the  capitol,  until  otherwise 

5  provided  by  law. 

T.  In  the  case  of  a  contested  election,  the  same  shall  be  gov- 

2  erned  in  all  respects  by  the  existing  laws  in  regard  to  contested  elcc- 

3  tions  in  the  House  of  Delegates. 

8.  In  case  of  vacancies  occurring  previous  to  the  meeting  of  the 

2  Convention,  the  Governor  shall  issue  writs  to  supply  the  same;  and 

3  after  the  said  meeting,  the  writs  shall  be  issued  by  order  of  the  Con- 

4  vention ;  and  the  elections  under  such  writs  shall  be  conducted  in  all 

5  respects  as  the  elections  hereinbefore  provided  for. 

!'.  The  said  Convention  shall  be  the  judge  of  its  own  privileges 
2  and  elections,  and  the  members  thereof  shall  have,  possess  and  enjoy, 
8  in  the  most  full  and  ample  manner,  all  the  privileges  which  members 

4  elected  to  and  attending  on  the  Genera]  Assembly  arc  entitled  to,  and 

5  moreover  shall  be  allowed  the  same  pay   for  traveling  to,  attending 

6  on,  and  returning  from  the  said  Convention  as  is  now  allowed  to 

7  members  of  the  General  Assembly  for  like  services. 

10.  The  said  Convention  is  hereby  empowered  to  appoint  such 
2  officers,  and  to  make  them  such  reasonable  allowances  for  their  ser- 


9CZ4I 


Bill  No.  1. 
it  Bhall  deem  proper;  which   several  allowances  Bhall  be 

4  audited  by  the  Auditor  of  Public  Accounts,  and  paid  by  the  Treasurer 

5  of  the  Commonwealth,  out  of  any  money  in  the  treasury  not  other- 

6  wise  appropriated. 

11.  The  expenses  incurred  in  providing  poll  books  and  in  pro- 
~2  curing  writers  to  keep  the  same,  Bhall  be  defrayed  as  heretofore  in  the 
8  elections  of  members  of  the  General  Assembly. 

12.  Immediately  upon  the  passage  of  this  act,  the  Governor 
■1  shall  issue  a  proclamation  giving  notice  thereof,  the  times  of  holding 
3  the  election,  and  of  the  meeting  of  the  Convention  herein  provided 
■1  for. 

13.  The  Secretary  of  the   Commonwealth   shall  cause  to  be  sent 

2  to  the  clerks  of  each  county  and  corporation  as  many  copies  of  this 

3  act  as  there  are  precincts  therein,  using  for  that  purpose  Bpecial  mes- 

4  Bengers,  when  in  his  judgment  it  shall   be  necessary;  and  it  shall  be 

5  the  duty  of  the  said  clerks  to  deliver    the  same  to  the  sheriflV  of  their 

6  respective  comities  or  corporations,  who  shall  cause  a  copy  to  be 

7  posted  at  the  door  of  the  courthouse,  and  at  Borne  public  place  in 

Etch  election  district. 

14.  This  act  shall  be  in  force  from  its  passage. 


SUBSTITUTE 

Offered  by  Mr.  Thomas  of  Henry,  for  Bill  No.  1,  to  provide  for  elect- 
ing members  of  a   Convention,  and  to  convene  the  same. 

1.  Be  enacted  by  the  General  Assembly,  That  it  shall  be  the 

2  duty  of  the  commissioners  and  other  officers  who  were  appointed  to 

3  conduct  elections  for  county  officers  in  May  last  at  the  places  es- 

4  tablished  for  holding  elections  for  members  of  the  General  Asscm- 

5  bly,  to  open  a  separate  poll  for  the  purpose  of  taking  the  sense  of 

6  the  people  upon  the  question,  whether  they  desire  a  Convention  or 

7  not.     The  poll  to  be  opened,  shall  contain  two  columns ;  one  for  the 

8  names  of  those  who  vote  in  the  affirmative,  the  other  for  the  names 

9  of  those  who  vote  in  the  negative,  and  shall  be  headed  thus : 

10  "  Shall  there  be  a  Convention  to  consider  and  propose  such  mea- 

11  surcs  as  may  be  expedient  for  this  Commonwealth  to  adopt  in  the 

12  present  crisis  of  State  and  National  affaire." 

Convention.  No  Convention. 

2.  At  the  same  time  and  places,  said  commissioner  and   other 

2  officers  shall  open  other  polls  for  electing  delegates  to  such  Convcn- 

3  tion,  in  case  such  Convention  BhaJ]  be  called  by  a  majority  of  the 

4  people.     Thia  poll  to  be  taken,  and  elections  made  on  the 

5  day  of  in  the  present  year. 


!  be  permitted  to  vote  on  the  question  afore- 
.  and  in  tl  iM.  who  ia  not  entitled  to  vote  for 

to  the  General  Assembly  under  the  existing  laws  of  this 
mmonwealth. 

4.  The  I  >n,  if  ordained  by  a  majority  of  the  votes  thus 

•i,  shall  c  of  one  hundred  and  fifty-two  members,  to  bo 

d  for,  and  by  the  several  counties  and  cities  of  the  Common- 

1  wealth,  as  prescribed  by  the  second  section  of  the  fourth  article  of 

5  the  Constitution  of  this  State,  for  the  election  of  members  of  the 

6  House  of  tes.     The   county    or    counties    -which    alternately 

7  vote  for  delegates  to  the  General  Assembly  under  the  said  article  of 
the  Constitution,  and  which  at  the  next  election  for  delegates,  would 

9  be  entitled  to   elect  a  delegate  or  delegates,   shall   elect   the  same 

10  number  of  members  of  the  Convention,  and  in  the  same  manner 

11  that  they  would  be  entitled  to,  if  the  election  were  for  members  of 
iu  the  next  session  of  the  General  Assembly. 

f).  Any  person  may  be  elected  a  member  of  such  Convention, 

2  who,  at  the  time  of  election  has  attained  the  age  of  twenty-five 
a  years,  and  is  actually  a  citizen  of  this  Commonwealth. 

6.  The  said  election  shall,  in  all  respects,  be  conducted  in  the 
'2  mode  prescribed,  and  the  commissioners 'and  other  officers  conduct- 
:;  ing  thi  ;i;ill  be  vested  with  the  powers,  perform  the  duties, 

4  and  be  liable  to  the  penalties  prescribed  by  the  Code  of  Virginia  for 

5  general  elections,  except  as  herein  provided. 

7.  The  polls  shall  remain  open  for  one  day  only;  and  the  com- 


i 

2  missioners  superintending  the  paid  polls,  shall  meet  in  their  respec- 

3  tivo  counties,  corporations  and  election  districts  on  the 

4  day  from   the  commencement  of  the  election;  shall  then  ascertain 

5  the  state  of  the  poll  on  the  question  of  '"Convention"  or  "No  Con- 
0  vention,"  and  forthwith  certify  the  result  to  the  Governor  of  the 

7  Commonwealth  by  mail  or  express  as  said  commissioners  shall  deem 

8  best  to  ensure  the  receipt  thereof  within  one  week  after  said  clec- 

9  tion.     They  shall  then  compare  the  polls  of  election,  and  decide  who 

10  is  elected,  and  shall  make  returns  of  the   election  ;  one  of  which. 

11  they  shall  forthwith  transmit  by  mail  or  express  to  the  Governor ; 

12  another,  together  with  a  certificate  of  the  vote  upon  the  question  of 

13  "Convention"  or  "No  Convention,"  and  with  all  the  poll  books, 

14  shall  be  delivered  to  the  clerk  of  the  county  or  corporation  court,  to 

15  be  filed  in  his  office,  and  another  to  the  member  or  members  elected 

16  to  said  Convention. 

8.  Upon  receiving  said  certificates  and  returns,  it  shall  first  be 

2  the  duty  of  the  Governor  to  ascertain  the  result  of  the  vote  upon 

3  the  question  of  "  Convention"  or  "No  Convention,"  and  if  the  result 

4  be  found  to  be  in  favor  of  the  call  of  the  Convention,  the  Governor 

5  shall  issue  a  proclamation,  convening  the  members  so  chosen  on 

6  ,  who  shall  meet 

7  at  the  capitol,  in  the  city  of  Richmoird  accordingly,  and  proceed  to 

8  adopt  such  measures  as  they  shall  deem  expedient  for  the  welfare  of 
!»  the  Commonwealth;  provided,  however,  that  any  act  or  ordinance 

10  for  the  withdrawal  of  the  State  from  the  Union,  or  her  confedcra- 


1 

11  ti'.u  with  any  oth  .  Bhall  be  submitted  to  the  voters  of  the 

]  _'  I  iwealth  for  ratific  a.     Bat   if  the  result  of 

L3  the  vote  shall  be  found  to  be  i  Convention,  the  Governor 

14  Bhall  can  alt  of  all   the  certificates  made  from  all  the  coun- 

L5  ties  and  c  irporations  .  within  the  Commonwealth,  to  he 

L6  published  by  proclamation. 

'.'.  i  .  case  of  a  contested  election,  the  proceedings  shall  he 
2  I  in  all  respects  by  the  existing  laws  in  regard  to  contet 

•">  elections  in  the  House  of  D  i,  and  the  Convention  shall  dc- 

4  cide  it. 

10.  In  case  of  vacancies  occurring  previous  to  the  meeting  of 

2  the  Convention,  the  Governor  shall  issue  writs  to  supply  the  same; 

3  and  after  the  said  meeting,  the  writs  shall  he  issued  hy  order  of  the 

4  Convention,   and  the  elections  under  such  writs  shall   he   conducted 

5  in  all  respects*as  the  elections  hereinbefore  provided  for. 

11.  The  said  Convention  shall  be  the  judge  of  its  own  privileges 
"1  and  elections,  and  the  members  thereof  shall  have,  possess  and  enjoy, 
8  in  the  moi  t  full  and  ample  manner,  all  the  privileges  which  members 

4  elected  to  and  attending  on  the  General  Assembly  are  entitled  to, 

5  and,  moreover,  shall  be  allowed  the  same  pay  for  traveling  to,  at- 
C  tending  on  and  returning  from  the  said  Convention  as  is  now  allowed 

7  to  members  of  the  General  .'v  like  services. 

12.  The  said  Convention  is  hereby  empowered  to  appoint  such 
2  officers,  and  to  make  them  such  reasonable  allowances  for  their  scr- 


5 

3  vices  as  it  shall  deem  proper;  which  several  allowances  shall  be 

4  audited  by  the  Auditor  of  Public  Accounts,  and  paid  by  the  Treas- 

5  urer  of  the  Commonwealth  out  of  any  money  in  the  Treasury  not 

6  otherwise  appropriated. 

13.  The  expenses  incurred  in  providing  poll  books,  employing 

2  writers  to  keep  the  same,  or  expresses  to  forward  certificates  and 

3  returns  with  dispatch,  shall  be  defrayed  as  in  the  election  of  mem- 

4  bcrs  of  the  General  Assembly. 

14.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  2. 


SENATE   BILL. 


A    BILL 

Changing  the    Time  of  holding  the   Terms  of   the   Circuit   Courts  of 
James  City  and  the  city  of  Williamsburg  and  the  countg  of  Henrico. 
1.  Be  it  enacted  by  the  General  Assembly,  That  the  thirteenth 

2  section  of  chapter  one  hundred  and  fifty-eight  of  the  Code  of  Vir- 

3  ginia,  be  altered  and  re-enacted  so  as  to  read  as  follows : 

4  "  §  13.  In  the  sixth  circuit:  for  the  county  of  Elizabeth  City,  on 

5  the  fifteenth  day  of  March  and  fifteenth  day  of  September ;  for  the 

6  county  of  Warwick,  on  the  twenty-first  day  of  March  and  twenty- 

7  first  day  of  September;  for  the  county  of  York,  on  the  twenty-sixth 

8  day  of  March  and  twenty-sixth  day  of  September ;  for  the   county 

9  of  Gloucester,  on  the  thirteenth  day  of  April  and  thirteenth  day  of 

10  October  ;  for  the  county  of  Matthews,  on  the  sixth  day  of  April  and 

11  sixth  day  of  October;  for  the  county  of  Middlesex,  on  the  first  day 

12  of  April  and  first  day  of  October  ;  for  the  county  of  James  City  and 

13  city  of  Williamsburg,  on  the  twenty-fifth  day  of  April  and  twenty- 

14  fifth  day  of  October;  for  the  county  of  New-Kent,  on  the  tenth  day 

15  of  May  and  tenth  day  of  November ;  for  the  county  of   Charles 

16  City,  on  the  eighteenth  day  of  May  and  eighteenth  day  of  Novem- 

17  ber ;  and  for  the  county  of  Henrico,  on  the  twenty-fifth  day  of  May 

18  and  twenty-fifth  day  of  November." 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  3. 


SENATE    BILL 


A   BILL 

To  authorize  the  County  Courts  to  arm  the  Militia  of  their  respective 
Counties,  and  to  provide  means  therefor. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  county 

2  courts  of  Charlotte  county,  and  such  other  counties  as  may  accept 

3  the  provisions  of  this  act,  as  hereinafter  provided;  may  arm  such 

4  portion  of  the  militia  of  their  respective  counties  as  they  may  deem 

5  expedient,  and  as  may  be  without  arms;  provided,  the  authority 
(J  hereby  given  shall  not  be  construed  to  impair  any  power  over  this 
7  subject  vested  by  law  in  the  Governor. 

2.  For  the  purpose  of  paying  the  debt  thus  incurred,  the  court 

2  shall  have  power  to  appoint  an  agent  or  agents  to  negotiate  a  loan  or 

3  loans  for  and  in  the  name  of  such  county,  and  at  the  term  at  which  it 

4  makes  its  county  levy,  shall  levy  on  all  the  lands,  and  all  other  subjects 

5  liable  to  that  tax  and  county  levy  in  such  county,  without  the  limits 

6  of  a  town  that  provides  for  its  poor  and  keeps  its  streets  in  order; 

7  such  tax  to  pay  the  said  debt  or  part  of  such  loan  or  loans  as  may  be 

8  authorised,  and  the  interest  thereon,  as  said  court  may  deem  neces- 

9  Bary  and  proper,  and   from  year  to  year  repeat  such  assessments, 
1"  until  the  amount   authorized  or  loan  made  by  such  court,  together 


Bill  No. 

:li  nil  in-  id.     Bat  such  levy  for  a  year  shall  not 

i_  e-fifth  of  the  whole  amount  of  debt  thus  incurreu  atone 

8.  The  Baid  courts  shall  not  contract  any  debt  or  liability  under 

lese  all  the  acting  justices  thereof  shall 
moned  t<>  attend  the  court  to  consider  the  subject,  and 
•1  a  majority  shall  be  present  and  " • : .lt  thereto. 

A.    .  hall  apply  to  all  counties  wherein  the  county  couit, 

'_'  the  justices  thereof  having  been  summoned  to  consider  the  same, 
'■)  and  a  majority  being  present,  shall  accept  it. 

.').  This  act  shall  be  in  force  from  its  passage. 


a      r^ 

BILL  No.  18. 


tL 


0 


SENATE  BILL. 


A   BILL 

To  protect  the  interest  of  the  Commonwealth  and  other  stockholders  of 
Internal  Improvement  Companies  in  this  State  from  injurious  com- 
petition. 

1.  Be  it  enacted  by  the  General  Assembly,  That  it  shall  be  law- 

2  ful  for  any  of  the  internal  improvement  companies  in  this  State, 

3  whose  works  constitute,  together  with  the  public  works  of  another 

4  State,  the  whole  or  a  part  of  two  competing  lines  of  travel  extend- 

5  ing  entirely  through  this  State,  in  either  of  which  lines  this  Com- 

6  monwealth  is  interested  as  a  stockholder,  to  purchase  and  hold,  with 

7  the  consent  of  the  Board  of  Public  Works,  the  stock  of  any  compa- 

8  nies  on  such  competing  line  to  such  extent  as  it  may  deem  neces- 

9  sary,  to  prevent  injurious  competition  and  a  loss  of  remunerative 

10  revenues  to  the  Commonwealth,  and  the  other  stockholders  of  such 

11  companies. 

2.  This  act  shall  be  in  force  from  its  passage. 


o 


BILL  No.  22.  <\y 


SENATE     BILL 


A    BILL 

To  authorize  the  Norfolk  and  Petersburg  railroad  company  to  construct 
a  Branch  and  to  increase  its  Capital  Stock. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  it 

2  shall  be  lawful  for  the  Norfolk  and  Petersburg  railroad  company  to 

3  construct  a  branch  of  their  road  to  some  point  on  the  North  Caro* 

4  lina  line,  with  a  view  to  connect  with  the  proposed  Edenton,  or  any 

5  other  railroad  of  North  Carolina,  whenever  the  stockholders  of  the 

6  said  company  in  general  meeting  shall  authorize  the  same  to  be 

7  done. 

2.  Be  it  further  enacted,  That  it  shall*  be  lawful  for  the  stock- 

2  holders  of  the  said  company  to  increase  the  capital  stock  thereof, 

3  by  the  sum  of  one  hundred  thousand  dollars  for  and  on  account  of 

4  the  construction  of  said  branch  road:  provided  however,  that  the 

5  Board  of  Public  Works  shall  subscribe  for  no  part  of  such  increased 

6  capital  stock. 

3.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  31.  cj/V 


SENATE    BILL 


A    BILL 

Allowing  the  Northwestern  Bank  of  Virginia  and  any  of  its  branches 
to  establish  an  agency  in  the  city  of  Richmond  for  the  redemption  of 
its  circulating  notes. 

1.  Be  it  enacted  by  the  General  Assembly,  That  it  shall  be  law- 

2  ful  for  the  parent  bank  or  any  branch  of  the  Northwestern  Bank  of 

3  Virginia  to  establish  an  agency  in  the  city  of  Richmond  for  the 

4  redemption  of  its  circulating  notes,  at  a  rate  of  discount  not  exceed- 

5  ing  one-fourth  of  one  per  cent.     If  any  such  agency  be  established, 

6  the  president  of  the  bank  or  branch  shall  certify  the  same  to  the 

7  Governor  of  Virginia,  with  each  quarterly  report  of  the  bank,  and 

8  such  certificate  shall  be  published  with  the  report.     For  failure  so 

9  to  certify  such  agency,  the  parent  bank  or  branch  establishing  the 

10  same,  shall  forfeit  to  the  Commonwealth  one  hundred  dollars  for  the 

11  first   offence,   and  five  hundred   dollars   for  each   separate  offence 

12  thereafter. 

2.  It  shall  be  the  duty  of  the  bank  or  branch  establishing  such 
2  agency,  to  redeem  on  demand  at  such  agency,  at  a  rate  of  discount 


2  Bill  No.  31. 

3  not  exceeding  one-fourth  of  one  per  cent.,  all  its  circulating  notes 

4  whi  b   shall   be  pres<  ated  al    such   agency  for  payment;  and  for  a 

5  failure  so  to  redeem   the  Bame,  the  holder  thereof  may  recover  the 
G  same   damages,  and   in  the  same  mode  now  provided  for  by  law  for 

7  failure  to  pay  in  specie  at  the  office  or  bank  where  payable. 

3.    If  the  notes  of  the  parent  bank  or  branch  which  shall  have 

2  established  such  agency,  be  presented  for  redemption  at  the  bank 

3  or  branch  at  which  they  are  payable,  such  parent  bank  or  branch 

4  may  redeem    the   same  by  a  specie  draft  at  par  upon  its   agency  at 

5  Richmond,  where  it  has  made  provision  for  the  redemption  of  its 
G  notes:  provided,  the  aggregate  amount  of  its  notes  presented  and 

7  held  by  the  same  persons  shall  exceed  five   hundred  dollars.     Any 

8  person  refusing  to  accept  such  draft  in  redemption  of  notes  pre- 

9  sented  or  held  by  him,  shall  not  be  entitled  to  proceed  against  such 

10  bank  or  branch  under  the  fifteenth  section  of  the  fifty-eighth  chap- 

11  ter  of  the  Code. 

1.    If  the  parent  bank,  or  any  branch  of  the  Northwestern  Bank 

2  of  Virginia,  shall   establish  an  agency  in  the  city  of  Richmond,  as 

3  aforesaid,  then  so  long  as  it  shall  continue  to  redeem  its  circulating 

4  notes  when  presented  for  payment  at  such  agency,  at  a  rate  of  dis- 

5  count   not   exceeding   one-fourth  of  one  per   cent.,  it  shall  not  be 

6  subject  to  the  act  passed  April  2,  1858,  entitled  "An  act  providing 

7  for  a  more  uniform  currency  of  the  banks  of  the  State." 

5.    The  parent  bank  or  branch  establishing  such  agency,  may 


Bill  No.  31.  3 

2  from  time  to  time  thereafter  change  the  same,  and  appoint  a  new 

3  agent  for  the  purposes  specified  in  this  act;  but  every  such  appoint- 

4  ment  shall  be  forthwith  certified  as  aforesaid  to  the  Governor  of 

5  Virginia. 

6.    This  act  shall  be  in  force  from  its  passage. 


BILL  No.  32. 


>* 


V  <c 


SENATE   BILL. 


A    BILL 

Authorizing  the  Superintendent  of  the  Armory  to  provide  quarters  for 
a  portion  of  the  Public  Guard. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Superin- 
2  tendent  of  the  Armory  be  authorized  to  rent  temporarily,  (subject 
8  to  the  approval  of  the  Governor,)   quarters  for  such  portion  of  the 

4  Public  Guard  as  it  may  be  necessary  to  remove   from  the  armory 

5  buildings,  in  order  to  complete  the  repairs  necessary  for  the  manu- 

6  facture  of  arms. 

2.  Be  it  further  enacted.  That  a  sum  not  exceeding 

2  dollars  be,  and  is  hereby  appropriated  for  the  purpose  of  carrying 

3  out  the  foregoing  provision,  to  be  paid,  from  time  to  time,  upon  the 

4  order  of  the  Governor,  drawn  upon  the  Auditor  of  Public  Accounts. 

3.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  35.  v       /v 

a*' 


SENATE    BILL, 


A   BILL 
To  establish  the    Virginia  Military  Academy* 

1.  Be  it  enacted  by  the  General  Assembly,  That  there  shall  be' 

2  established,  and  maintained  at  some   eligible   point  in  the  north-* 

3  western  part  of  the  State,  a  military  school  to  be  called  the  Yir- 

4  ginia  Military  Academy. 

2,  The  sale  of  said  academy  shall  be  determined  by  three  com- 

2  missioners,  or  a  majority  of  them,  who  shall  be  appointed  by  the 

3  Governor  of  the  Commonwealth.     It  shall  be  the  duty  of  said  com- 

4  missioners,  as  soon  as  practicable  after  their  appointment,  to  meet 

5  on  such  day,  and  at  such  place  in  the  said  part  of  the  State  as  the 

6  Governor  may  specify ;  and  then  and  there,  and  at  such  other  times 

7  and  places  as  they  may  deem  proper,  proceed  as  speedily  as  practi- 

8  cable  to  select,  and  select  the  point  most  fit  in  all  respects  for  the 

9  site  of  the  said  academy,  and  shall  report  their  proceedings  and  de- 

10  termination  to  the  Governor  without   delay.      In  case  of  the  death, 

11  refusal  or  inability  to  act,  of  any  of  said  commissioners,  the  Gov- 

12  ernor  shall  supply  the  vacancy  thereby-resulting,  by  appointment  of 

13  another  or  others  as  commissioners. 


2  Bill  No.  35. 

The   said  commissioners   shall    each  receive  four  dollars  per 

2  day  for  every  day  they  may  be  employed  under  this  act. 

4.  When  said  commissioners  shall  have  made  the  selection  of  the 
te  and  report  aforesaid,  the  Governor  shall  forthwith  appoint  a 

3  board   of  vi  for  said  academy,  consisting  of  nine  persons,  of 

4  whom  three  shall  be  taken  from  the  Trans-Allcghany,  and  two  from 

5  each  of  the  other  grand  divisions  of  the  State,  to  continue  in  office 
C  one  year;  and  annually  thereafter,  the  Governor  shall  in  like  man- 
7  ncr  appoint  their  successors  for  the  same  term.. 

5.  The  board  of  visitors   aforesaid  shall  have  authority  to  pur- 

2  chase,  hold,  and  use  for  said  academy,  not  exceeding  one  hundred 

3  acres  of  land,  at  a  cost  not  exceeding  $20,000,  whereon  to  erect 

4  said  academy.     It  shall  be  the  duty  of  said  board  to  cause  the 

5  said  academy  to  be  built  and  completed-  for  use  as  soon  as  practi- 
G  cable. 

6.  The  said  board  of  visitors  shall,  as  far  as  consistent  with  this 

2  act,  have  all  the  power,  and  be  subject  to  all  the  rules  and  restric- 

3  tions  of  the  board  of  visitors  of  the   Virginia  Military  Institute, 

4  under  chapter  thirty-four  of  the  Code,  and  acts  amendatory  thereof, 

5  as  far  as  applicable. 

7.  For  the  purpose  of  carrying  this  act  into  execution,  there  is 

2  hereby  appropriated  out  of  any  money  in  the  treasury  not  otherwise 

3  appropriated,  the  sum  of  $100,000.     The  said  visitors  of  the  said 

4  academy  shall  have  power,  from   time  to  time,  to  order  and  direct 

5  their,  treasurer  to  draw  upon  the  treasurer  of  the  Commonwealth, 

6  which  shall  be  audited  by  the  Auditor  of  Public  Accounts  for  such 


Bill  No.  35.  3 

7  part  or  parts  of  the  said  sum  of  $100,000  as  may  be  necessary  in 

8  the  execution  of  this  act. 

8.  When  the  said  Virginia  Military  Academy  shall  be  erected 

2  and  completed,  it  shall  be  paid  the  same  annuity  out  of  the  Literary 

3  fund  as  the  Virginia  Military  Institute — to  be  paid  in  the  same  man- 

4  ner,  and  on  the  same  terms.- 

9.  This  act  shall  be  in  force  from  its  passage. 


Or      a 
HILL  No.  36. 


SENATE    BILL 


A    BILL 

To  establish  a  State  Board  of  Medical  Examiners. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 

2  from  and  after  the  day  of  ,  no  person  shall 

3  be  allowed  to  practice  medicine  or  surgery,  or  any  of  the  branches 

4  thereof,  or  in  any  case  prescribe  for  the  cure   of   disease  for  fee  or 

5  reward,  unless  he  or  they  shall  have  been  first  licensed  to  do  so  in 
(J  the  manner  hereinafter  to  be  described. 

2.  If  any  such  person  shall,  after  this  date,  presume  to  practice 

2  medicine  or  surgery,  or  any  of  the  branches  of   either  (dentistry 

3  excepted),  or  in  any  manner  to  prescribe  for  the  cure  of  disease  for 

4  fee  or  reward,  he  or  they  shall  be  liable  to  be  indicted,  and  on   con- 

5  viction,  fined  the  sum  of  five  hundred  dollars  for  every  offense — one 

6  half  of  the  fine  to  enure  to  the  informant,  and  the  other  to  the  trcas- 

7  ury  of  the  Commonwealth. 

3.  On  trial   of    all  indictments  for  any  of  the  offenses  enume- 

2  rated  in  this  act,  it  shall  be  incumbent  on  the  defendant  to  show  that 

3  he  has  been  licensed  to  practice  medicine  or  surgery,  and  to  pre- 

4  scribe  for  the  cure  of  disease,  in  the  manner  hereinafter  to  be  men- 

5  tioned,  to  exempt  himself  from  the  penalties  enumerated  in  this  act. 


2  BUI  No.  • 

4.  All  bonds,  notes,  promises  Bad  assumptions  made  to  any 
•J  person  or  persons  not  licensed  in  the  manner  hereinafter  mentioned, 
.']  th  10  of  which  shall  be  services  rendered  as  a  physician 

4  or  surgeon  in  prescribing  for  the  euro  of  disease,  shall  and  they  are 

5  hereby  declared  to  be  utterly  void  and  of  no  effect. 

5.  In  order  to  the  proper  regulation  of  the  practice  of  medicine 

2  and  surgery,  there  shall  be  established  a  Board  of   Medical  Exami- 

3  ners,  to  consist  of  nine  members,  who  shall  hold  their  office  for   six 

4  years,  am]  shall  be  chosen  in  the  following  manner,  to  wit:  one  by 

5  the  medical  department  of  the  University  of  Virginia,  one  by  the 

6  Winchester  medical  school,  and  one  by  the  Medical  college  of  Yir- 

7  ginia;  of  the  remaining  six,  three  shall  be  chosen  by  the  Medical 

8  society  of   Virginia,  and  three   by  the   Governor   of   the   Common- 

9  wealth;  said  board  to  meet  in  the   city   of    Richmond   on  the  first 
10  Mon<lay  in  May,  to  conduct  the  examinations, 

C.  The  said  board  of  examiners  shall  examine,  in  all  the  branches 

2  taught  in  the  schools,  all  applicants  for  license  to  practice;  and  if, 

3  on  such  examination,  they  be  found  competent,   shall  grant  to  such 

4  applicants  license  to  practice:  provided,  that  seven  members  of  the 

5  board  shall   constitute  a  quorum:  and  provided,   that  five  out  of 
C  seven  be  agreed  on  the  qualification  of  such  applicant:  and  pro- 

7  vided,  that  such  applicant  shall  have  received  a  diploma  from  some 

8  chartered  or  incorporated   medical   school  or   college,  and  shall   be 
D  twenty-one  years  of  age,  and  can  show  evidence  of    a  good  moral 

10  character ;    and  the   said  board   shall  be  entitled  to  demand  and 


Bill  No.  36.  3 

11  receive   of    any  applicant  the  sum  of   twenty    dollars    for    such 

12  examination. 

7.  The  board  of  examiners  be,  and  they  arc  hereby  authorized 

2  and  empowered  to  elect  all  such  officers,  and  to  frame  all  such  by- 

3  laws,  as  may  be  necessary  to  carry  the  law  into  effect,  and  in  case 

4  of  death,  removal,  or  refusal  to  act,  of  any  member  of   said  board, 

5  the  said  board,  or  a  quorum  thereof,  be,  and  they  are  hereby  empow- 

6  ercd  to  fill  such  vacancies. 

8.  To   prevent  delay  and   inconvenience,  two  members  of   the 

2  board  may  grant  temporary  license  to  applicants  therefor,  and  make 

3  report  thereof  to  their  next  regular  meeting  for  confirmation :  pro- 

4  vided,  that  such  temporary  license  do  not  continue  in   force  longer 

5  than  the  next  annual  meeting  of   the  board,  and  that  a  temporary 

6  license  shall  in  no  case  be  granted  by  any  two  members  of  the  board 

7  after  the  applicant  has  been  refused  a  license  by  the  said  examining 

8  board. 

9.  No  part  or  clause  of  this  act  shall  have  any  operation  or  effect 

2  upon  any  person  who  has  been  a  resident  practitioner  of  medicine  or 

3  surgery  in  this  Commonwealth. 

10.  The  board  shall  cause  to  be  entered  in  a  book,  to  be  kept  for 

2  that  purpose,  the  names  of  each  and  every  person  they  shall  lie.  use 

3  to  practice  medicine  and  surgery,  and  the  time  of  granting  the  same, 

4  together  with  the  names  of  the  members  of  the  board  present,   and 

5  shall  publish    them   in   some   newspaper   in   the   city  of   Richmond 

6  within  thirty  days  after  granting  the  same. 


BILL  No.  45. 


SENATE   BILL 


^ 


A   BILL 

To  authorize   Hctitroad  Companies  to  appoint  Folic?  Agents. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  president 

2  of  any  railroad  company  incorporated  by  this  State  may,  with  the 

3  approbation  of  the  county  court  of  any  county  through  which  the 

4  road  may  pass,  appoint  a  police  agent  or  agents,  who  shall  have 

5  authority  upon  the  road  and  other  property  within  this   State  of 

6  such  company,  to  exercise  all  the  powers  which  can  lawfully  be 

7  exercised  by  any  constable  for  the  preservation  of  the  peace,  the 

8  arrest  of  offenders  and  disorderly  persons,  and  for  the  enforcement 
0  of  the  laws  against  crimes;   and  such  president  may  remove  such 

10  agents  at  his  pleasure. 

2.  It  shall  be  lawful  for  any  such  police  agent,  or  for  any  per- 

2  son  in  the  employment  of  such  company,  to  arrest  any  negro  found 

3  on  such  road,  or  any  branch  thereof,  or  any  of  the  cars,  works  or 

4  property  of  such  company,  without  having  proper  written  evidence 

5  of  the  right  of  such  negro  to  be  there ;  and  the  person  making  such; 


I  Bil]  No.  45. 

t!  arrest   may  deliver  such   negro  to  any  jailor,  or  carry  liim  or  her 

7  before  any  justice  of  the  peace   in  this  Commonwealth  to  he  exam- 

8  ined  and  committed  to  the  proper  custody,  or  otherwise  dealt  with 

9  according  to  law. 

8.    This  act  shall  be  in  force  from  its  passage. 


BILL  No.  47.  \     r\r 


•£> 


(3> 


S  E  M  A  T  E    B I L  L 


A   BILL 

Increasing  the  number  of  permanent  Cleric*  in  the  office  of  the  Auditor 

of  Public  Accounts. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Auditor  of 

2  Public  Accounts  shall  be  authorized  to  appoint  five  additional  clerks 

3  in  his  office,  to  be  numbered  and  known  as  the  fifth,  sixth,  seventh, 

4  eighth  and  ninth. 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  52,  V 


SENATE   BILL. 


A   BILL 
To  provide  more  efficient  Police  regulations  at  the  Poor-houses  in  thU 

Commonwealth. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  county 
"1  court  or  the  judge  of  the  circuit  court  of  any  county  in  which  any 

3  poor-house  may  be  located,  may  upon  the  application  of  any  super- 

4  intendent  of  any  such  poor-house,  or  satisfactory  evidence  founded 

5  on  the  information  of    others,  that  it  is  necessary,  appoint  some 

6  citizen  of  the  Commonwealth  conservator  of  the  peace,  whose  juris- 

7  diction  shall  extend  over  the  grounds  attached  to  such  poor-house, 

8  and  not  exceeding  one  mile  beyond  the  same,  as  shall  be  prescribed 

9  by  the  order  appointing  said  conservator. 

2.  This  act  shall  be  enforced  from  and  after  its  passage. 


BILL  No.  54.         ^V'    s? 


\» 


SENATE   BILL 


A    BILL 

To  stay  the  proceedings  on  executions,  trust  deeds,  and  other  demands, 
in  cases  of  refusal  to  receive  bank  notes. 

1.  Be  it  enacted  by  the  General  Assembly,  That  no  execution 
2  or  distress  of  any  kind  shall  be  levied,  nor  sale  made  under  any 
■3  decree  or  order  of  any  court,  unless  the  party  or  parties,  his,  her  or 

4  their  agent,  attorney  or  representative,  for  whose  benefit  the  money 

5  is  about  to  be  made,  shall  authorize  the  officer  or  other  person  levy- 
*)  ing  such  execution  or  distress,  or  making  such  sale,  to  receive  pay- 

7  ment  of  the  debt,  interest  and  costs  in  the  notes  of   the  banks  of 

8  the  Commonwealth,  that  may  be  at  the  time  of  such  payment  rcceiv- 
0  able  for  taxes  or  other  public  dues. 

2.  And  be  it  further  enacted,   That  if  any  execution  or  distress 

2  shall  have  been  Levied,  but   no  sale  made  of   the  property  taken, 

3  before  this  act  takes  effect,  the  officer   or  person  making  such  levy 

4  shall  not  proceed  to  sell  the  property  so  taken  unless  he  be  author- 

6  ized,  as  aforesaid,  to  receive  in  discharge  of  the  debt,  interest  and 
6  costs  to  be  raised  by  such  levy,  the  notes  of  the  banks  of  this  Com- 
•    monwealth,  thai  are  or  may  be  receivable  for  taxes  and  public  duee  ; 


2  Ell  No.  54. 

8  and  Bhould  Buch  authority  be  not  given  after  ten  days'  notice,  to  iIk* 

9  party  or  parties,  hie  <>r  her  agent,  attorney  or  representative,  the 

10  property  so  levied  on   Bhall  be  returned  to  the  party   from  whose 

11  possession  it  may  have  been  taken:  provided,  however,  that  a  new 

12  execution  or  distress  may  thereafter  be   issued  and  levied   in  like 

13  manner,  as  if  no  such  levy  had  theretofore  been  made:  provided,  no 

14  lien  under  existing  laws  Bhall  be  hereby  affected. 

3.  And  he  it  further  enacted,   That  no  sale  shall   be  made  under 

2  any  deed  of  trust  unless  the  party  or  parties  for  whose  benefit   it   is 

3  about  to  be  made,  his,  her  or  their  agent,  attorney  or  representative, 

4  will  agree  upon  such  sale,  to  receive  the  notes  of   the  banks  afore- 

5  said  in  discharge  of  the  debt,  interest  and  eosts  to  be  raised  by  such 

6  sale;  and  if  any  such  sale  shall  be  made,  the  purchaser  or  purcha- 

7  sers  shall  be  entitled  to  discharge  the  purchase  money  by  the  pay- 

8  ment  of  the  notes  of  the  banks  aforesaid. 

4.  And  be  it  further  enacted,   That  all  persons  responsible  for 

2  any  demands  of  the  Commonwealth,   and  of   the   Board  of   Public 

3  Works,  and  of  the  president  and  directors  of  the  Literary  fund,  on 

4  any  judgment  or  decree,  or   for  any  fine,  penalty  or  amercement, 

5  or  any  recognizance,  bond,  contract  or  deed  of   trust,  shall  be,  and 

6  they  are  hereby  authorized,  during  the  continuance  of   this  act,  to 

7  discharge  any  such  demand,  by  the  payment  thereof  in  the  notes  of 

8  the  banks  of  this  Commonwealth,  that  at  the  time  of  such  payment 
0  or  tender  of  such  payment,  shall  be  receivable  for  taxes  and  other 


Bill  No.  54.  3 

10  public  dues :  provided,  however,  that  all  executions  may  be  levied 

11  and  sales  made  as  heretofore,  if   the  security  or  securities  for  the 

12  money  due  on  said  execution,  desire  the  levy  or  sale,  unless  the 

13  principal  debtor  shall  enter  into  bond,  with  good  security,  payable  to 

14  the  security  or  securities  aforesaid,  conditioned  to  indemnify  him, 

15  her  or  them  against  all  loss  that  he,  she   or   they  may  sustain,  by 

16  reason  of  bis,  her  or  their  sccurityships  for  the  money  due  on  Baid 
IT  execution;  and  it  shall  be  lawful  for  the  sheriff  or  other  officer  to 
18  take  the  bond  aforesaid  at  any  time  before  the  sale  under  the  execu- 
1','  tion ;  and  upon   the   execution   of    said   bond,  he   shall   return   the 

20  property  to  the  party,  as  is  required  in  the  second  section  of  this 

21  act,  and  return  the  bond   to   the  officer  from   which   the   execution 

22  issued,  for  the  benefit  of  the  said  securities. 

5.  This  act  shall  commence  and  be   in   force  from  the  passing 

2  thereof,  and  continue  in  force  until  ,    in  the 

3  year  186      ,  and  no  longer. 


BILL  No.  60. 


SENATE    BILL 


A  BILL 

Transferring  the  HuttonsviUe  and  Iluntcrsville  turnpike  road  to  the 
counties  through  which  the  same  passes. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Huttons- 

2  ville   and  Huntersville  turnpike   road,    from    HuttonsviUe,   in  the 

3  county  of  Randolph,  to  Mar  lam's  Bottom,  in  the  county  of  Poca- 

4  hontas,  be,  and  the  same,  together  with  the  rights,  franchises  and 

5  privileges,  condemned,  purchased  and  attaching  thereto,  are  hereby 

6  transferred  to  the  counties  through  which  the  same  passes — that  is 

7  to  say,  such  part  a.s  may  be  in  the  county  of  Randolph,   is  surren- 

8  dered  and  transferred  to  said  county,  and  that  part  in  the  county  of 
0  Pocahontas,  is  surrendered  and  transferred  to  said  county  of  Poca- 

10  hontas. 

2.  Be  it  further  enacted,  That  such  parts  of   said   road  as  may 

2  be  in  cither  of  said  counties,  shall  be  under  the  control  of  the  county 

3  courts  of  said  counties;  and   the  court  of   cither  of    said   counties 

4  may  cause  the  same  to  be  kept  in  repair  as  other  county  roads  are 

5  kept  in  repair;  or  the  said  courts  of  either  of  said  counties,  may 


2  Bill  No.  CO. 

6  continue  and  establish  toll-gates  for  the  collection  of  tolls,  on  such 

7  parts  of  Baid  road,  not  exceeding  the  rates  now  authorized  by  law, 

8  to  be  collected,  and  to  cause  the  same  to  be  applied  to  repairs  on 
0  said  road. 

3.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  61.  \D     V 


SENATE   BILL. 


A   BILL 

To  amend  and  re-enact  the  first  and  third  sections  of  an  act  entitled., 
"An  act  to  incorporate  a  company  to  construct,  on  the  plan  of  James 
S.  French,  a  railroad  between  Alexandria  and  Washington"  passed 
February  27,  1854. 

1.    Be  it  enacted  by  the  General  Assembly,  That  it  shall  be 

2  lawful  to   open  books  of  subscription  at  the  city  of  Alexandria, 

3  under  the  direction  of  James   S.  French,  John  W.  Maury,  A.  J* 

4  Marshall,   Cornelius  Boyle,  George  French,  Edgar   Snowden  and 

5  R.  W.  Latham,  or  any  two  of  them,  and  at  such  other  places,  under 

6  the  direction  of  such  agents  as  a  majority  of  the  above  named  com- 

7  missioners  may  appoint,  for  the  purpose  of  receiving  subscriptions 

8  to  an  amount  not  exceeding  three  hundred  thousand  dollars,  in 
0  shares  of  one  hundred  dollars  each,  to  constitute  a  joint  capital 

10  stock  for  constructing  a  railroad  from  the  city  of  Alexandria,  in 

11  the  State  of  Virginia,  to  the  city  of  Washington,  in  the  District 

12  of  Columbia,  crossing  the  Potomac  between,  at  some  eligible  point 

13  between  the  two  cities. 


2  Bill  No.  Gl. 

2.    That  all  the  proceedings  of  the  Alexandria  and  "Washington 
•2  railroad  company,  under  the  provisions  of  the  said  act.  passed  Peb- 

3  ruary  27th,   1854,   incorporating   the  said   company,   touching  the 

4  constructing  and   operating  a  railroad  on  the  plan  of  James  S. 

5  French,  are  hereby  declared  legal  and  valid. 


0>) 


BILL  No.  G2. 


SENATE   BILL 


A   BILL 

To  incorporate  the  Parkersburg  Bridge  Company. 
1.  Be  it  enacted  by  the  General  Assembly,  That  it  shall  be  law- 

2  ful  to  open  books  to  receive  subscriptions  to  a  capital  stock  not  ex- 

3  cceding  one  million  and  a  half  of  dollars,  in  shares  of  one  hundred 

4  dollars  each,  for  the  purpose  of  constructing  a  bridge  over  the  Ohio 
">  river  at  the  town  of  Parkersburg,  in  the  county  of  Wood.  Said 
G  books  shall  be  opened  at  Parkcrsburg  under  the  superintendence  of 

7  James  Cook,  John  R.  Murdoch,  George  Neal,  jr.,  John  A.  Ilutchin- 

8  son  and  C.  J.  Neal,  or  any  three  of  them;  and  at  such  other  places, 
!*  and  under  the  superintendence  of  such  other  agents,  as  the  said  com- 

10  missioners  may  appoint. 

"1.  Whenever  fifty  thousand  dollars  shall  be  subscribed,  the  sub- 
2  scribers,  their  executors,  administrators  and  assigns,  shall  be,  and 
;>  they  are  hereby  constituted  a  body  politic  and  corporate,  by  the 
4  name  and  style  of  the  Parkersburg  bridge  company,  subject  to  the 
.">  provisions  of  chapters  fifty-six  and  fifty-seven  of  the  Code  of  Vir- 
6  ginia.     The   Northwestern  Virginia  railroad  company,  the    Balti- 


2  Bill  No.  G2. 

7  more  and  Ohio  railroad  company,  and  the  Marietta  and  Cincinnati 

8  railroad  company,  or  cither  of  them,  may  subscribe  to  the  stock  of 

9  said  company,    and  either   of  said  companies  may  rent  or  lease  said 
10  bridge,  after  the  same  is  constructed. 

3.  The  company  hereby  incorporated  may  construct  a  bridge 

2  across  the  Ohio  river  at  the  point  above  designated,  for  a  railroad  or 

3  other  purposes  :  provided,  that  the  said  bridge  shall  be  so  construct- 

4  ed  with  a  draw,  or  otherwise,  that  the  same  shall  not   in  anywise 

5  obstruct  or  impede  the  free  navigation  of  said  river  for  any  kind  of 

6  boat  or  craft  that  usually  navigates  the  same.     It  shall  be  lawful  for 

7  said  company   to  establish  rates  of  toll,  which  it  may  charge  and 

8  collect,  on  all  locomotives,  tenders,  express,  baggage,  passenger  and 

9  burden  cars,  which  may  pass  over  said  bridge,  and  for  such  freight, 

10  passengers,  persons,  stock,  or  other  thing,  as  may  pass  or  be  trans- 

11  ported  over  said  bridge:  provided,  that  the  rates  of  toll    shall  be 

12  uniform   and  -without   discrimination  as  to  all  persons  and  things  of 

13  the  same  class,  -which  may  pass  or  be  transported  over  the  same. 

4.  This  act  shall  be  in  force  from  its  passage. 


v^ 


V?) 


BILL  No.  64. 


SENATE   BILL. 


A   BILL 

To  protect  the  interests  of  this  Commonwealth  and  others  in  railroad 
and  steamboat  companies  in  this  State  on  the  two  lines  between  Balti- 
more and  Wcldon. 

1.  Be  it  enacted  by  the  General  Assembly,  That  it  shall  be  law- 

2  ful  for  any  of  the  railroad   and  steamboat   companies  in  this  State, 

3  constituting  either  of  the  two    existing  lines   of  through  travel  be- 

4  twecn  Baltimore  and  Weldon,  to  purchase  and  hold  with  the  assent 

5  of  the  Board  of  Public  Works  the  stock  of  any  such  company  con- 

6  stituting  a  part  of  the  other  of  the  said  two  competing  lines  to  such 

7  extent  as  it  may  deem  expedient  and  necessary  to  prevent  injurious 

8  competition  and  a  loss  of  remunerative  revenues  to  the  Common- 

9  wealth  and  the  other  stockholders  of  such  companies. 

2.  This  act  shall  be  in  force  from  its  passage. 


No.  65. 

^           V>) 

r\ 

^^ 

-va 

C** 


SENATE  BILL 


A   BILL 

To  transfer  a  part  of  the  Price  s  mountain  and  Cumberland  Gap  road 

to  the  Mountain  lake  and  Salt  Sulphur  springs  turnpike  company. 

1.  Be  it  enacted  by  the  General  Assembly,  That  it  shall  be  law- 

2  ful  for  the  Mountain  lake  and  Salt  Sulphur  springs  turnpike  com- 

3  pany,  to  adopt  that  portion  of  the  Price's  mountain  and  Cumberland 

4  gap  road  lying  between  the  residence  of  Enoch  Atkins  and  the  town 

5  of  Newport,  as  a  part  of  their  road,  and  to  keep  the  same  in  proper 

6  repair:  provided,  however,  that  before  this  act  shall  take  effect,  the 

7  consent  of  the  county  court  of  Giles  county  shall  be  first  obtained. 

2.  It  shall  not  be  lawful  for  the  said  Mountain  lake  and  Salt 

2  sulphur  road  to  charge  any  toll  between  the  present  residence  of 

3  Enoch  Atkins  and  the  town  of  Newport,  a  distance  of  three  miles, 

4  and  the  consent  hereby  given  may  be  withdrawn  by  the  county  court 

5  of  Giles,  whenever  the  said  company  shall  fail  to  keep  said  portion 

6  of  the  road  in  repair,  as  required  by  the  provisions  of  the  Code  of 

7  Virginia  in  relation  to  county  roads. 

3.  This  act  shall  be  in  force  from  its  passage. 


is       <V° 


(?) 


BILL  No.  70. 

/V 


OA 


SENATE    BILL 


A   BILL 

Making  railroad  companies  liable  for  damages  in  certain  cases. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  several 

2  railroad  companies  of  this  State,  and  any  other  company  whose  road 

3  or  any  part  thereof  may  pass  through  any  part  of  the  territory  of 

4  this  State,  shall  be  liable  to  the  owner  of  any  live  stock  of  any  kind 

5  that  may  be  killed  or  injured  on  the  said  road,  by  the  cars  or  engines 

6  used  or  run  thereon,  for  such  damage  as  he  may  sustain  by  the 

7  injury  or  destruction  of  such  stock,  to  be  recovered  by  action  or 

8  motion  against  such  company,  in  the  same  manner  as  damages  are 

9  recovered  in  other  cases:  provided,  that  no  company  against  which 

10  damages  have  been  assessed  to  fence  in  their  road,  shall  be  liable  for 

11  any  stock  killed  belonging  to  the  party  in  whose  favor  such  damages 

12  have  been  assessed,  and  upon  such  parcels  of  land  as  the  said  dam- 

13  ages  were  meant  to  enclose,  but  which  such   party  has  failed  to 

14  enclose. 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  72.  V       V 


w 


e)' 


SENATE  BILL. 


A   BILL 

To  amend  the  sixth  section  of  chapter  165  of  the  Code  so  as  to  allow 
compensation  to  attorneys  for  tlie  Commonwealth  in  the  circuit  courts 
of  towns  and  cities  for  services  heretofore  performed  by  them. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  sixth  sec- 

2  tion  of  chapter   165  of  the  Code  of  Virginia  be  amended  and  re- 

3  enacted  so  as  to  read  as  follows: 

4  "  §  6.  There  shall  be  elected  by  the  voters  in  each  county,  an 

5  attorney  for  the  Commonwealth  for  each  county  court;  and  in  each 

6  county,  city  or  town  in  which  a  circuit  court  is  held,  an  attorney  for 

7  the  Commonwealth  in  such  court ;  and  such  election  shall  be  held  on 

8  the  same  day  in  every  fourth  year,  counting  in  each  case  from  the 

9  fourth  Thursday  in  May  1852.     The  said  elections  shall  be  made 

10  and  vacancies  in  said  offices  shall  be  filled  as  prescribed  in  the 

11  seventh  chapter.    The  mode  of  ascertaining  and  certifying  their  elec- 

12  tions,  the  commencement  of  their  terms  of  office,  their  qualification 

13  and  the  power  to  remove  them,  shall  be  according  to  the  eighth  chapter, 

14  and  the  mode  of  contesting  their  elections  shall  be  as  provided  in 

15  the  tenth  chapter." 


2  Bill  No.  72. 

2.  Be  it  further  enacted,  That   the  attorneys  for  the  Common- 
o  wealth  in  the  circuit  courts  held  for  the  cities   and  towns   of  this 

4  Commonwealth  for  whom  no  compensation  was  provided  by  acts 

5  heretofore  passed,  shall  be  entitled  to  receive  the  compensation  al- 

6  lowed  by  law  to  attorneys  for  the  Commonwealth  in  other  circuit 

7  courts,  for  any  services  performed  by  them  since  the  passage  of  the 

8  act  of  17th  January  1860,  to   be   ascertained  by  the  certificates  of 

9  the  said  circuit  courts. 

3.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  74.  "V        />> 


SENATE    BILL. 


A   BILL 

7c?  increase  the  pay  of  certain  Officers  of  the  Public  Guard. 

1.  Bo  it  enacted  by  the   General   Assembly,    That  the  third 

2  section  of  chapter  thirty-three  of  the  Code  be  amended  and  re- 

3  enacted  so  as  to  read  as  follows: 

"§3.    The   pay  per   month  of  the    said   company  shall  be  as 

2  follows:  Of  the  captain,  sixty  dollars;  of  the  first  lieutenant,  fifty 

3  dollars;    of  the  second  lieutenant,  forty-five  dollars;    of   the  first 

4  sergeant,  twenty  dollars;  of  each  other  sergeant,  seventeen  dollars; 

5  of  each  corporal  and  musician,  thirteen  dollars;  and  of  each  private, 

6  eleven  dollars.     Each  noncommissioned  officer,  musician  and  private 

7  shall  receive  one  ration  per  day,  in  kind,  and  the  same  clothing  and 

8  quartermaster's  stores  as  are  allowed  to  infantry  in  the  service  of 

9  the  United  States,  under  the  laws  and  regulations  thereof  now  in 

10  force.     Each  of  the  commissioned  officers  shall  be  entitled  to  four 

1 1  rations  per  day,  to  be  commuted  at  thirty  cents  per  ration,  and 

12  each  shall  be  allowed,  for  one  servant,  the  pay,  rations  and  clothing 

13  of  a  private,  and  such  ([uartcrmaster's  stores  for  himself  and  ser- 

14  vant  as  are  now  allowed  to  the  officers  of  the  same  grade  in  the 

15  infantry  of  the  United  States." 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  77.  1? 


y\lf       ^ 


SENATE    BILL 


A   BILL 

To  increase  the  Capital  Stock  of  the  Richmond  and  York  River  Rail- 
road Company. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  capital 

2  stock  of  the  Richmond  and  York  river  railroad  company  be  and  is 

3  hereby  increased  by  the  additional  sum  of  one  hundred  thousand 

4  dollars;    and  that  the  Board  of  Public  Works  be  and  is  hereby 

5  authorized  to  subscribe  therefor  and  to  borrow  the  necessary  amount 

6  in  accordance  with  existing  laws:    provided,  that  no  part  of  said 

7  increased  capital  stock  shall  be  paid  by  said  Board,  until  the  fact 

8  has  been  duly  certified  to  them  that  the  stockholders  in  said  com- 

9  pany,  in  general  meeting,  have  agreed  to  make  and  so  ordered  the 
10  said  increased  capital  hereby  authorized,  a  preferred  stock. 

2.  This  act  shall  be  in  force  from  its  passage. 


L      0" 


BILL  No.  77. 


HOUSE    BILL. 


A    BILL 

Entitled  "An  act  for  the  relief  of  the  Banks  of  this  Commonwealth,"' 


With  the  amendments  of  the  Senate,  -which  arc  in  italics. 


1.   Be  it  enacted  by  the  General  Assembly,  That  so  much  of  all 

2  or  any  acts  as  now  may  subject  any  bank  or  banking  corporation 

3  incorporated  by  the  laws  of  this  Commonwealth  now  in  operation,  or 

4  which  may  be  put  in  operation  whilst  this  act  is  in  force,  to  the  for- 

5  fciture  of  its  charter  or  to  any  other  penalty,  for  failing  or  refusing 
G  to  pay  or  redeem  its  notes  or  debts  in  specie,  shall  be  and  the  same 

7  are  hereby  suspended  until  the  first  day  of  March,  eighteen  hundred 

8  and  sixty-two;  and  if  any  such  bank  or  banking  corporation  shall 

9  have  forfeited  its  charter  by  failing  or  refusing  to  pay  in  specie  any 

10  note  or  other  debt  due  from  such  bank,  the  forfeiture  thereby  in- 

11  curred  shall  be  remitted;  and  the  charter  of  such  bank,  with  all  the 

12  rights  and  powers  thereby  conferred,  except  such  portions  thereof 

13  as  are  hereinbefore  suspended,  shall  be  and  the  same  is  hereby 

14  declared  to  be  in  full  force  and  effect,  to  all  intents  and  purposes, 

15  until  the  date  before  mentioned:  provided,  that  nothing  herein  con- 

16  tained  shall  be  so  construed  as  to  prevent  the  recovery  of  the  amount 


2  Bill  No.  77. 

17  of  any  note  or  debt  due  from  any  such  bank,  with  legal  interest 

18  thereon,  in  the  mode  prescribed  by  law. 

2.  The  notes  of  the  several  banks  which  have  been  heretofore 

2  required  to  be  received  in  pigment  of  taxes  and  debts  due  to  the 

3  Commonwealth,  shall  continue  to  be  so  received,  and  the  deposits  of 

4  the   public  revenue  shall  continue  to  be  made  in  the  banks  now 

5  authorized  by  law  to  receive  the  same,  until  the  period  hereinbefore 

6  mentioned,  unless  the  Treasurer,  with  the  advice  of  the  Executive, 

7  shall  direct  otherwise  in  respect  to  such  receipts  or  deposits,  or  both, 

8  in  the  mode  prescribed  by  law. 

3.  Nothing  in  this  act  shall  be  so  construed  as  to  prevent  any 

2  of  the  banks  of  this  Commonwealth  from  resuming  specie  payment 

3  at  any  time  prior  to  the  date  hereinbefore  mentioned,  at  the  discre- 

4  tion  of  the  president  and  directors  thereof. 

4.  Be  it  further  enacted,  That  sections  one,  two,  three  and  four 

2  of  the  act  passed  April  second,  eighteen  hundred  and  fifty-eight, 

3  providing  for  a  more  uniform  currency  of  the  banks  of  the  State,  be 

4  and  the  same  are  hereby  repealed. 

5.  It  shall  be  the  duty  of  the  several  banks  and  branch  banks  of 

2  the  State  whenever  required  by  the   Governor,  to  redeem  in  specie  or 

3  specie  funds,  such  an  amount  of  their  notes  as  may  be  necessary  to 

4  meet  the  specie  demands  upon  the  treasury  of  the  CommomveaXth  and 
G  to  this  end  the  contribution  shall  be  rateable  and  in  proportion  to  the 

6  amount  of  the  notes  on  each  bank  or  branch  bank,  zvhich  may  be  re- 

7  ceived  by  the  Treasurer  in  payment  of  public  revenue. 


Bill  No.  77.  3 

6.   On  the  payment  of  every  note,  bill  or  draft  payable  at  the  cities 

2  of  Baltimore,  Philadelphia,  New  York  or  Boston,  heretofore  dis- 

3  counted  by  and  which  is  now  unpaid  and  the  property  of  any  bank 

4  or  branch,  or  which  may  be  hereafter  discounted  by  any  bank  or 

5  branch  during  the  suspension  of  specie  payment  by  it,  such  bank  or 
G  branch  shall  pay  to  the  party  for  whom  such  paper  ivas  discounted, 

7  the  excess  of  exchange  at  the  time  of  such  payment  over  and  above 

8  the  rate  between  the  point  ivhcre  such  bank  or  branch  is  located  and 

9  the  point  where  such  paper  is  payable,  at  the  time  such  bank  or 

10  branch  suspended  specie  payment;  and  on  failure  of  such  bank  or 

11  branch  to  pay  such  excess  on  paper  hereafter  discounted,  the  party 

12  entitled  thereto  may  recover  the  same  by  ivarrant  before  any  justice 

13  of  the  peace,  or  when  the  amount  is  over  fifty  dollars,   by  motion 

14  on  ten  days'  notice  before  any  court  of  the  county  or  corporation 

15  where  such  bank  or  branch  is  located ;  and  on  the  failure  of  any 

16  bank  or  branch  to  pay  such  excess  on  paper  heretofore  discounted 

17  and  unpaid  as  aforesaid,  such  bank  or  branch  'shall  not  have  the 

18  benefit  of  the  provisions  of  this  act  releasing  any  penalty  or  forfeit- 

19  ure  incurred  by  it  by  the  nonpayment  of  specie. 

7.   The  thirty-third  section  of  chapter  fifty-eighth  of  the  Code  of 

2  Virgin  la,  shall  be  amended  and  re-enacted  so  as  to  read  as  folloivs: 

3  "§1G.  Any  bank  authorized  to  carry  on  business  as  a  bank  of  cir- 

4  dilation,  deposit  and  discount,  may  loan  money  for  a  period  not  ex- 

5  ceeding  six  months,  and  discount  any  bill  of  exchange,  promissory 
G  note  or  other  negotiable  paper  for  the  payment  of  money  which  will 


4  Bill  No.  77. 

7  be  payable  within  six  months  from  the  time  of  discounting  the  same. 

8  A  bank  may  take  interest  on  its  loans  and  discounts  at  the  rate  of  one 

9  half  of  one  per  centum  for  thirty  days,  and  the  interest  may  be  re- 

10  ceived  in  advance.     Each  bank  or  branch  shall  so  regulate  its  loans 

11  and  discounts  that  the  same  shall  not,  together  with  what  it  may  have 

12  paid  for  stock  of  this  State  and  bonds  guaranteed  by  this  State,  ex- 

13  ceed  twice  the   amount  of  capital  actually  paid  into  such  bank  or 

14  allotted  to  such  branch. 

15  Any  President,  Director  or  Cashier  ivho  may  be  instrumental  in 

16  Violating  this  section  shall  be  fined  dollars. 

8.  No  bank  or  branch  of  a  bank  which  may  have  been  heretofore 

2  incorporated  or  authorized  to  be  established  by  the  G-eneral  Assem- 

3  bly,  and  ivhich  shall  not  at  the  time  that  this  act  takes  effect,  have 

4  actually  gone  into  legal  operation,  according  to  the  terms  of  its 

5  charter,  shall  be  permitted  to  do  so  during  the  suspension  of  specie 

6  payments  by  the  banks  of  this  Commomvealth.     But  this  section 

7  shall  not  be  construed  to  apply  to  amended  charters  of  Banks  noio 

8  in  operation :  provided  that  this  section  shall  not  apply  to  the  Bank 

9  of  the  city  of  Petersburg. 

9.  This  act  shall  be  in  force  from  its  passage. 


XA     -& 


BILL  No.  78.  ^y)  x 


SENATE   BILL. 


A   BILL 

To  amend  an  act  entitled,   "An  act  to  incorporate  the  Richmond  and 

York  river  railroad  company"  passed  January  31,  1853. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  first  section 

2  of  the  act,  entitled,  "An  act  to  incorporate  the  Richmond  and  York 

8  river  railroad  company,"   passed  the   31st  of   January,   1853,   be 

4  re-enacted  and  amended  so  as  to  read  as  follows : 

5  "§1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 

6  it  shall  be  lawful  to  open  books  in  the  city  of  Richmond,  and  in  such 

7  other  place  or  places  as  the  commissioners  hereinafter  named  shall 

8  think  fit,  under  the  direction  of  Edward  J.  Wilson,  Bernard  Peyton, 

9  R.  B.  Ilaxall,  Robert  S.  Apperson,  James  Lyons,  R.  H.  Maury,  C. 

10  Dimmock,  Abraham  Warwick,  James  Stamper  and  John  D.   Chris- 

11  tian,  or  any  three  of  the  same,  or  any  deputies  or  agents  of  the  said 

12  commissioners,    for   the  purpose  of  receiving  subscriptions  to   an 

13  amount  not  less  than  two  hundred  and  fifty  thousand  dollars  nor 

14  more  than  five  hundred  thousand  dollars,  in  shares  of  one  hun- 

1 5  dred  dollars  each,  for  the  purpose  of   constructing  a  railroad  from 
10  the  city  of    Richmond  to  some  point  on  York  river,  or  near  the 


2  Bill  No.  78. 

17  mouth  of  Pamunkcy  river,  and  providing  everything  necessary  and 

18  convenient  for  the  transportation  on  the  said  road;  and  that  the 

19  said  railroad  company  be,  and  is  hereby  authorized  to  make  such 

20  connections  with  steamboat  lines,  and  other  lines  of  navigation  or 

21  transportation,  as  may,  in  the  opinion  of  the  directory  of  the  said 

22  company,  be  conducive  to  its  success  and  prosperity. 


BILL  No.  84.  w 


SENATE    BILL 


A   BILL 

To  incorporate  the  American  Agency. 

1.  Be  it  enacted  by  the  General  Assembly,  That  Duff  Green, 

2  James    Lyons,   John    S.   Barbour,   Jcptha  Fowlkcs   and  J.   Robin 

3  McDanicl,  and  the  owners  of  the  shares  herein  authorized  to  be 

4  issued,  be  and  they  arc  hereby  made  a  body  politic  and  corporate, 

5  under  the  name  and  style  of  the  "American  Agency,"  with  power  and 

6  authority  in  that  name  and  style  to  contract  and  be  contracted  with, 

7  to  sue  and  be  sued,  to  plead  and  be  impleaded,  with  all  the  rights, 

8  powers  and  privileges  which  may  be  necessary  or  proper  for  them 

9  to  have,   possess  and  exercise  as  an  incorporated    company,   and 

10  especially  to  take,  have,  possess  and  acquire  by  gift,  grant  or  pur- 

11  chase,  any  property  and  estate,  real  or  personal,  and  the  same  to 

12  use,  lease,  let,  mortgage,  sell,  transfer  and  convey  in  as  full  and 

13  ample  manner  as  any  individual  may  or  might  do. 

2.  Whereas  one  purpose  of  this  act  is  to  organize  an  incorpo- 

2  rated  company,  with  the  intent  and  purpose  of  aiding  in  the  purchase 

3  and  Bale  of  railroad  bonds  and  shares,  and  other  public  and  private 

4  securities,  therefore  the  Baid  company  may   and  tiny  arc  hereby 


2  Bill  No.  84. 

5  authorized  and  empowered  to  receive  and  hold  on  deposit  and  in 

6  trust,   any  property  and  estate,  real  and  personal,  including  the 

7  shares  of  railroad  and  other  improvement  companies,  and  the  notes, 

8  bonds,  accounts  and  obligations  of  governments,  states,  cities,  towns, 

9  counties,  corporations,  companies  and  individuals,  and  the  same  may 

10  purchase,  collect,  adjust  and  settle,  and  they  may  sell  and  dispose 

11  thereof  in  any  market  in  the  United  States  or  elsewhere,  without 

12  proceeding  in  law  or  in  equity,  and  upon  such  terms  and  for  such 

13  price  as  may  be  agreed  upon  between  them  and  the  parties  contract- 

14  ing  with  them;  and  may  deal  in  exchange,  foreign  and  domestic; 

15  and  may  make  advances  of  money  and  of  credit,  and  may  endorse 
1G  and  guarantee  the  payment  of  the  notes  and  bonds  and  the  perform- 

17  ance  of  the  obligations  of  governments,  and  of  states,  cities,  towns, 

18  counties,  corporations,  companies  and  individuals,  and  may  charge 

19  and  receive  such  commissions  and  premiums  as  may  be  agreed  upon 

20  between  them  and  the  parties  contracting  with  them. 

8.    The  persons  named  in  section  one,  or  a  majority  of  them, 

2  may,  in  person  or  by  proxy,  open  books  of  subscription  at  such 

3  times  and  places  as  they  may  deem  expedient,  and  when  three  hun- 

4  dred  thousand  dollars  shall  be  subscribed,  the  shareholders  may 

5  organize  the  company  by  the  election  of  five  or  more  directors ;  and 

6  the  directors  for  the  time  being,  shall  have  power,  in  the  name  and 

7  behalf  of  the  company,  to  enact  by-laws  and  regulations  for  the 

8  management  of  their  affairs,  and  to  exercise  and  enjoy  all  the  rights, 

9  powers  and  privileges  herein  granted,  and  which  it  may  be  necessary 


Bill  No.  84.  3 

10  or  proper  for  them  as  such  to  have,  exercise  and  enjoy;  and  they 

11  may  from  time  to  time  enlarge  the  resources  of  the  company  by 

12  borrowing  money  on  a  pledge  of  their  property  and  estate,  or  with- 

13  out  such  pledge,  or  by  new  subscriptions;  and  any  citizen  or  subject 

14  corporation   or  company,  of  any  government,  state  or  country  may 

15  subscribe  for,  purchase  and  hold  shares  of  the  said  company,  subject 

16  to  no  other  liability  on  account  thereof  than  for  the  payment  to  the 

17  said  company  of  the  sums  due  or  to  become  due  on  the  shares  sub- 

18  scribed  for  or  held  by  them. 

4.  The  by-laws  may  prescribe  the  manner  in  which  the  directors, 

2  officers  and  agents  of  the  company  shall  be  selected,  and  may  also 

3  define  their  powers  and  duties,  and  fix  their  term  of  service  and 

4  compensation.     The   company  shall  have   an  office  in  the  city  of 

5  Richmond,  and  the  directors  for  the  time  being  may  from  time  to 
0  time  establish  such  branches  and  agencies  in  Europe  and  elsewhere 

7  as  they  may  deem  expedient,  under  such  rules  and  regulations  as 

8  they  may  prescribe ;    and   divide  the  capital  of  the  company  into 
0  shares,  and  prescribe  the  manner  in  which  they  shall  be  transferred 

10  on  the  books  of  the  company.     And  the  said  company  shall  not 

11  issue  their  own  notes  or  bills  to  be  used  as  bank  notes  or  as  cur- 

12  rency,  nor  shall  their  by-laws  or  regulations  be  inconsistent  with  the 

13  laws  or  constitution  of  this  State. 

5.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  sub- 

2  jeet  to  amendment,  modification  or  repeal  at  the  pleasure  of  the 

3  General  Assembly. 


* 


BILL  No.  80.  *J\  V 


e> 


^ 

V 


SENATE     BILL. 


A   BILL 

Concerning  the  Court  of  Appeals  and  the  Special  Court  of  Appeals. 

Whereas,    in   consequence  of  the  great  accumulation  of  civil 

2  causes  upon  the  docket  of  the  court  of  appeals,  occasioned  in  part 

3  by  the  exercise  of  the  appellate  jurisdiction  in  criminal  causes,  con- 

4  ferred  upon  it  by  the  first  section  of  the  act  regulating  the  jurisdic- 

5  tion  of  the  district  courts  and  court  of  appeals,  passed  5th  June, 

6  1852,   it   is  manifestly   impracticable  for  that  court,  by  its  own 

7  unaided  efforts,  however  strenuous  and  unremitting,   and  without 

8  some  legislative  interposition  and  relief,  ever  to  bring  up  the  arrear- 

9  age,  and  at  the  same  time  dispose  of  their  annually  accruing  current 

10  business,  with  that  expedition  and  despatch  so  vitally  important  in 

11  the  administration  of  justice:  and  whereas,  the  most  expedient  and 

12  practicable  remedy  for  the  evil  of  delay,  which  is  recommended  to 

13  the  adoption  of  the  General  Assembly,  is  a  scheme  of  relief  similar 

14  to  that  adopted  by  the  act  of  the  10th  March,  1848,  establishing 

15  and  conferring  upon  a.  special  court  of  appeals  both  civil  and  crimi- 
1G  nal  appellate  jurisdiction,  which  shall  consist  in  continuing  the  exis- 


2  Bill  No.  89. 

17  tchcc  of  the  present  special  court  of  appeals,  hoklen  in   the  city  of 

18  Richmond,  and  transferring  to  it  the  appellate  criminal  jurisdiction 

19  now  exercised  by  the  court  of  appeals,   together  with  an  annual 

20  docket  of  civil  causes,  as  was  done  by  the  last  mentioned  act  of  the 

21  10th  March,  1848: 

1.  Be  it  therefore  enacted  by  the  General  Assembly,  That  there 

2  shall  be  a  special  court  of  appeals,  and  the  said  court  shall  be  com- 

3  posed  of  one  judge  from  each  judicial  section  of  the  State,  and  the 

4  judge  from  such  section  shall  be  selected  by  the  district  courts  first 

5  held  after  the  passage  of  this  act,  for  the  purpose  of   receiving  and 

6  exercising  the  appellate  jurisdiction,  civil  and  criminal,  conferred 

7  by  the  subsequent  sections  and  clauses  of  this  act,  as  well  as  for 

8  performing  the  functions  required  by  the  act  passed  February  25, 

9  1854,  entitled,  "An  act  for  forming  a  special  court  of  appeals,"  &c. 

2.  That  all  the  appellate  jurisdiction  in  criminal  cases  conferred 

2  on  the  court  of  appeals,  by  the  first  section  of  the  act  mentioned  in 

3  the  preamble,  passed  June  5,  1852,  being  all  the  appellate  jurisdic- 

4  tion  in  criminal  cases  theretofore  exercised  by  the  general  court, 

5  and  by  any  subsequent  enactment,  be,  and  the  same  is  hereby  taken 

6  away  from  the  court  of  appeals,  and  transferred  to  the  special  court 

7  of  appeals,  so  that  the  said  special  court  of  appeals  and  the  judges 

8  thereof,  shall  respectively  succeed  to  and  have  and  exercise  all  the 

9  appellate  jurisdiction  in  criminal  causes  now  in  virtue  of   existing 

10  laws,  vested  in,  exercised  or  exercisable  by  the  court  of  appeals  or 

11  the  judges  thereof. 


Bill  No.  89.  3 

3.  That  the  special  court  of   appeals  shall  hereafter  hold  two 

2  terms  in  every  year,  at  the  State  courthouse,  in  the  city  of  Rich- 

3  mond,  instead  of  one  as  now  required  by  law,  comrnencing  on  the 

4  first  Monday  in  July  and  first  Monday  in   January,  and  that   the 

5  next  of  said  terms  shall  commence  on  the  first  Monday  of   July 

6  next.     The  court  shall  be  attended  by  the  same  officers,  who   shall 

7  perform  the  same  duties  and  receive  the  same  compensation  as  those 

8  now  attending  the  court,  save  and  except  that  the  court  shall  make 

9  to  the  clerk  of  the  court  of  appeals,  for  his  ex  officio  services  here- 

10  after  performed  in  said  court,  and  for  which  heretofore  no  compen- 

11  sation  was  authorized  by  law,  a  reasonable  per  diem  allowance.    The 

12  July  term  shall  be  devoted  to  the  exercise  ef  its  appellate  criminal 

13  jurisdiction.     The  January  term  to  both  the  criminal  and  the  civil — 

14  first  the  criminal  and  then  the  civil :  but  nothing  herein  contained 

15  shall  preclude  the  court  from  deciding  civil  causes  at  the  July  terms 

16  if  found  practicable  and  desired  by  the  parties  litigant. 

4.  Hereafter,  writs  of  error  from  the  special  court  of  appeals  to 

2  a  circuit  court  in  any  criminal  case,  may  be  awarded  in  term  time 

3  or  by  any  judge  thereof  in  vacation,  who  did  not  preside  at  the  trial 

4  of  the  case,  as  by  the  existing  law  may  now  be  done  by  a,  judge  of 

5  the  court  of   appeals;  and  no  writ  of  error  or  supersedeas  to  or 

6  appeal  from  any  judgment,  order  or  decree  of  a  circuit  court  in  a 

7  ci'vil  case,  cognizable  in  the  court  of  appeals,  shall  be  awarded  by  a 

8  judge  of  the  circuit  courts  or  such  judge,  or  judge  of  the  district 
!>  courts  or  special  court  of  appeals :  but  the  same  shall  be  granted  or 


4  Bill  No.  80. 

10  allowed  only  by  the  court  of  appeals  in  term  time,  or  a  judge  thereof 

11  in  vacation. 

5.  The  court  of  appeals  shall  hereafter  annually,  at  or  near  the 

2  close  of  their  last  term  next  preceding  the  first  Monday  in  January, 

3  cause  a  docket  to  be  made  out  by  their  clerk,  of  the  causes  depend- 

4  ing  on  their  docket,  to  be  assigned  and  transmitted  to  the  special 

5  court  of  appeals  for  decision  at  the  January  term  succeeding  of  said 
G  special  court.     Such  of  these  causes    as  shall  be  undecided  at  the 

7  close  of  such  term,  shall,  after  the  adjournment  of  said  court,  be 

8  replaced  on  the  docket  of  the  court  of  appeals,  and  thereafter  called, 

9  heard  and  disposed  of,  so  far  as  practicable,  in  the  order  of  pri- 

10  ority  of  call  and  hearing  to  which  they  were  entitled  before  their 

11  transfer,  unless  by   consent  of  parties  they  shall  be  permitted  to 

12  remain  and  retain  their  places  upon  the  docket  of  the  special  court. 

C.  In  order  to  determine  and  designate  the  causes  which  shall 

2  be  placed  on  the  docket  mentioned  in  the  preceding  section  for  hcar- 

3  ing  and  decision  by  the  special  court,  the  court  of  appeals  shall 

4  cause  its  docket  to  be  called  on  a  day  assigned  for  the  purpose,  after 

5  notice  thereof  given  to  the  counsel  practising  in  the  court,  begin- 

6  ning  the  call  with  the  causes  of  longest  standing  on  the  docket,  and 

7  coming  down  until  a  docket  of  causes  is  obtained  wherein  the  parties 

8  or  their  counsel,  either  expressly  consent  to  or  make  no  objection  to 

9  the  transfer ;  and  if  a  docket  cannot  be  so  obtained,  in  whole  or  in 

10  part,  it  shall  be  the  duty  of  the  court  to  form  the  entire  docket,  or 

11  supply  the  deficiency,  as  the  case  may  be,  from  the  causes  on  their 


Bill  No.  89.  5 

12  docket  of  longest  standing,  without  consent,  either  expressed  or 

13  implied,  from  a  failure  to  object,  and  if  necessary,  against  the  con- 

14  sent  of  the  parties  litigant. 

7.  All  causes  involving  the  exercise  of   its  appellate  criminal 

2  jurisdiction,  remaining  on  the  docket  of  the  court  of  appeals  on  the 

3  first  day  of  July  next,  shall  be  transferred  to  the  docket  of  the 

4  special  court  of  appeals  for  decision. 

8.  It  shall  be  the  duty  of  the  reporter  to  the  court  of  appeals 

2  to  report,  in  his  annual  volume  of  reports,  all  the  decisions  of  the 

3  special  court  in  criminal  cases,  and  such  of  their  decisions  in  civil 

4  cases  as  the  court  shall  order  and  direct. 

9.  All  acts  and  parts  of  acts  coming  within  the  purview  of  this 
2  act,  are  hereby  repealed. 

10.  This  act  shall  be  in  force  from  and  after  the  first  day  of  July 
2  next. 


BILL  No.  91. 


SENATE   BILL 


A   BILL 

Tb  authorize  an  issue  of  preferred  stock  by  the  Alexandria,  Mount 
Vernon  and  Aceotink  turnpike  company. 
1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  it 

2  shall  be  lawful  for  the  stockholders  of  the  Alexandria,  Mount  Ver- 

3  non  and  Aceotink  turnpike  company,  in  general  meeting  assembled, 

4  to  make  the  stock  of  said  company  to  the  extent  of  twelve  thousand 

5  dollars,  a  preferred  stock,   by   guaranteeing   a  dividend  of  six  per 

6  centum  per  annum  for  a  fixed  or  indefinite  period  on  each  share  of 

7  stock  so  preferred,   payable   out  of  the  net  proceeds  of  said  road. 

8  And,  whereas,   it  is  represented  to   the  General  Assembly  that  the 
0  said  turnpike   company,   under   a  mistaken   apprehension   of  their 

10  powers  under  their  charter,  have  already  issued  certificates  of  stock 

11  preferred  as  aforesaid,   amounting  to  the  sum  of  five  thousand  dol- 

12  lars,  which  said  certificates  are  now  in  the  hands  of  bona  fide  holders 

13  for  value. 

2.  Be  it  further  enacted,  That  it  shall  be  lawful  to  make  up  the 

2  amount  of  preferred  stock  hereinbefore  authorized,  as  well  by  con- 

3  firming  and  ratifying  the  preferred  issue  already  made,  as  by  the 

4  issue  of  new  certificates,  and  in  the  event  of  such  confirmation  and 


2  Bill  No.  91. 

5  ratification,  the  said  certificates  so  confirmed  and  ra  led  shall  there- 

6  upon  become  legalized  as  fully  and  to  all  interests  nd  purposes  as 

7  if  authorized  by  law  at  the  date  of  their  issue. 

3.  Be  it  further  enacted,  That  if  the  said  preJ  -red  stock  shall 

2  be  made  up  by  the  issue  of  new  certificates  before  suing  the  same 

3  or  any  portion  thereof  to  any  other  person,  it  sha  be  the  duty  of 

4  said  company  to  redeem  and  replace  the  preferred  cc  ificates  already 

5  issued  by  the  new  certificates  to  be  issued  under    ithority  of  this 

6  act,  or  to  reserve  and  retain  a  sufficiency  thereof  fo  that  purpose. 

4.  This  act  shall  be  in  force  from  the  date  >>\  so. 


\j    &l 


BILL  No.  02.  -~?  ,A 


ev 


<F 


SENATE   BILL 


A    BILL 

To  amend  entitled^  "An  act  to  incorporate  the  FarmvUle  and 

Buckin         plank  road  company ,"  passed  May  22,  1852. 

1.  I  acted  by  the  General  Assembly,  That  the  second  sec- 

2  tion  of  an  sm  passed  May  22,  1852,  entitled,  "An  act  to  incorporate 

3  the  Farravill  and  Buckingham  plank  road  company,"  be  amended 

4  and  re-enact  I  so  as  to  read  as  follows: 

2.  }  ve  thousand  shares  of  the  stock  shall  have  been  sub- 

2  scribed,  t       ubscribers,   their  executors,  administrators  or  assigns, 

3  shall  be  ii      lorated  into  a  company  by  the  name  and  style  of  "the 

4  Farmville  t     Buckingham  plank  road  company,"  agreeably  to  the 

5  provisions  o  the  fifty-seventh  and  sixty-first  chapters  of  the  Code 

6  of  Virginia  provided,  that  the   said  road  shall  be  graded  at  least 

7  twenty  fee     ide,and  constructed  with  plank  at  least  eight  feet  wide, 

8  and  that  ii    rade  shall  nowhere  exceed  four  degrees,  and  that  the 

9  same  may  i    repaired  when  necessary  with  stone,  dirt,  gravel  or 
10  other  mat     1  at  the  discretion  of  the  board  of  directors. 

3.  This  ct  shall  be  in  force  from  its  passage. 


SI 


BILL  No.  93.  ^3° 


4 

^V 


SENATE   BILL 


A    BILL 
Providing  that  railroad  companies  in  which  the  Commomvealth  is  a  stock- 
holder, shall  use  in  the  construction,  equipment,  repair   and  ope  ration, 
of  their  roads,  materials,  supplies,  machinery  and  other  fabrics  pro- 
duced and  manufactured  in  this  State. 

1.  Be  it  enacted  by  the  General  Assembly,  That  it  shall  be  the 

2  duty  of  every  railroad  company  in  which  the  Commonwealth  is  a 

3  stockholder,  and  of  the  Board  of  Public  Works,  representing  the 

4  interest  of  the  Commonwealth  in  railroads  owned  entirely  by  the 

5  Commonwealth,  to  use  in  the  construction,  equipment,   repair  and 

6  operations  of  their  roads,  materials,  supplies,  machinery  and   other 

7  fabrics  which  have  been  produced  and  manufactured  in  this  Com- 

8  monwealth,  in  every  instance,  when  such  m  tterial,  supplies,  inachine- 

9  ry  and  other  fabrics,  produced  and  manufactured  in  this  Common- 

10  wealth,  can  be  obtained  at  a  reasonable  cost;  and  when  it  shall   be 

11  necessary    to    use   articles  produced  and  manufactured  in  foreign 

12  countries,  it  shall  be  the  duty  of  said  railroad  companies  in    which 
18  the  Commonwealth  is  a  stockholder,  and  of   the  Board  of   Public 

14  Works,  to  use  only,   if   practicable,   articles   which   may    have   been 

15  imported  directly  into  tin.-  Commonwealth, 


2  Bill  No.  03. 

2.  For  the  purpose  of  seeming  the  production  and  manufacture 

2  in  this  Commonwealth,  of  materials,  supplies,  machinery  and  Other 

3  fabrics,  needed  in  the  construction,  equipment,  repair  and  operation 

4  of  railroad-,  the  railroad  companies  of  this  State  arc  authorized  to 

5  aid,  with  their  corporate  funds,  in  the  erection  and  establishment  of 

6  factories  in  this  State  for  the  production  and  manufacture  of  such 

7  materials,  supplies  and  other  fabrics. 

3.  It  shall  be  the  duty  of  the  Board  of  Public  Works  to  instruct 
2  the  president  and  directors  representing  the  interest  of  the  Com- 

8  monwealth  in  railroad  companies,  to  carry  into  effect  this  'act;  and 

4  it  shall  also  be  the  duty  of  the  Board  of  Public  Works,  to  remove 

5  from  office  any  State  director  or  proxy  who  shall  fail  or  refuse  to 

6  aid  by  all  proper  means  in  the  execution  of  this  act. 

4.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  95. 


SENATE     BILL 


A    BILL 

To  organize  a  volunteer  force  to  be  called  the  Virginia  Volunteer  Legion. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Governor 

2  of  the  Commonwealth  be  and  he  is  hereby  authorized  to  organize  I 

3  volunteer  division,  the  same  to  be  constituted  as  hereinafter  pro- 

4  vided,  to  be  composed  of  such  companies  of  the  volunteer  force  of 
">  the  State  as  arc  now  in  existence,  or  shall  hereafter  be  organized, 

6  which  may  offer  their  services  to  the  Governor  for  this  object,  and 

7  if  necessary,  of  such  additional  companies  as  he  may  designate; 

8  this  force  to  be  known  as  the  Virginia  Volunteer  Legion. 

2.  The  legion  shall  consist  of  one  major  general,  two  brigadier 

2  generals,  twelve  regiments  of  infantry  and  riflemen,  two  regiments 

3  of  cavalry,  one  corps  of  artillery  sufficient  to  man  ten  batteries  of 

4  four  pieces  each,  and  one  company  of  engineer  troops,  together  with 

5  such   general   and   regimental  staff  officers  as  may  be  necessary  to 

6  complete  the  organization. 

3.  Each  regiment  of  infantry  and  riflemen  shall  be  composed  of 

2  one  colonel,  one  lieutenant  colonel,  one  major,  ten  companies  aver- 

3  aging  65  men,  including  officers,  one  adjutant  with  the  rank  of  first 

4  lieutenant,   one   surgeon  with   the   assimilated   rank   of  major,   one 


2  Bill  No.  !>V 

f>  assistant  Burgeon  with  the  assimilated  rank  of  captain,  one  regi- 

6  mental  quartermaster  and  commissary  with  the  rank  of  first  lieaten- 

7  ant,  one  sergeant  major,  and  one  quartermaster's  and  commissary's 

8  sergeant. 

4.  Each  regiment  of  cavalry  shall  consist  of  one  colonel,  one 

2  lieutenant  colonel,  one  major,  five  squadrons  of  120  men  each,  in- 

3  eluding   officers,  each   squadron   to   be  composed  of  two  companies, 

4  one  adjutant  with  the  rank  of  first  lieutenant,  one  surgeon  with  the 

5  assimilated   rank   of  major,  one  assistant  surgeon  with   the   assimi- 

6  lated  rank  of  captain,  one  regimental  quartermaster  and  commissary, 

7  one  sergeant  major,  and  one  quartermaster's   and  commissary's  ser- 

8  geant. 

5.  The  corps  of  artillery  shall  consist  of  one  colonel,  one  lieu- 

2  tenant  colonel,  one  major,  and  ten   companies  of  not  less  than  85 

3  men  each,  including  officers. 

6.  The  company  of  engineer   troops   shall   consist  of  85  men, 
2  including  officers. 

7.  The  general  and  field  officers  shall  be  appointed  by  the  Gov- 

2  ernor,   with   the   advice   and  consent  of  the   Senate,  to   hold   office 

3  during  good  behavior,  or  until   such   time  as  in  the  opinion  of  the 

4  Governor  it  is  no   longer   necessary  to  keep  up  the  legion  as  a  sepa- 

5  rate  organization. 

8.  The  major  general  shall  be  entitled  to  the  services  of  one 

2  assistant  adjutant  general  with  the  rank  of  major,  and  two  aids-de- 

3  camp  with   the   rank  of  captain ;  three  staff  officers  to  be  appointed 


Bill  No.  95.  3 

4  by  the   Governor,  on  the  recommendation   of  the   major  general. 

5  Each  Brigadier  general   shall  he  entitled  to  the  services  of  one 

6  assistant  adjutant  general  with  the  rank  of  captain,  and  one  aid-dc- 

7  camp  with  the  rank  of  first  lieutenant ;  three   staff  officers   to  he 

8  appointed  by  the  Governor,  on  the  recommendation  of  the  brigadier 

9  generals. 

9.  It  shall  be  the  duty  of  the  adjutant  general  to  assign  the 

2  companies   to   regiments  as  their  services  are   tendered,  and  as  the 

3  latter  arc  filled  up,  to   notify  the  colonels  of  the   same,  and   inform 

4  them  of  the  places  of  rendezvous  of  the  companies. 

10.  It  shall  be   the   duty  of  the   colonel   of  each   regiment,  so 

2  soon  as  he  is  furnished  with  a  list  of  the  companies  of  his  regiment 

3  and   their   places   of  rendezvous,  to   make  a  tour   of  inspection,  for 

4  the  purpose  of  seeing  that  his  companies  arc  all  properly  uniformed, 

5  armed   and  equipped,  and   that   they  arc  in  all  respects  ready  for 
0  immediate  active  service;  and  for  the  purpose  of  defraying  his  ex- 

7  pensea  while  on  such  tour,  he  shall   be  entitled   to   transportation  at 

8  the  rate  of  ten  cents   per  mile,  estimated  by  the  shortest  mail  route 

9  between  the  places  visited. 

11.  It  shall  be  the  duty  of  the  major  general   to  require  the 
■1  companies  which  compose  the  legion  to  assemble  at  stated  times  for 

3  the  purposes  of  drill  and   instruction  in  the  field.     First,  they  shall 

4  assemble  in  separate   battalions  or  regiments  at  convenient   points: 

5  each   regiment  or  battalion  in  command  of  its  colonel  or  other  field 

6  officer,  whose  duty  it  shall  be  to  exercise  it  as  frequently  as  possible 


4  Bill  No.  95. 

7  in  the  evolutions  of  the  battalion.     Second,  two  or  more  regiments 

8  or  battalions  shall  be  concentrated  at  the  poilfl   mosi  convenient  for 

jsembling  the  whole,  in  command  of  the  brigadier  general  of  the 

10  brigade  to  which  the  regiments   are   attached,  for   instruction  in  the 

11  evolutions  of  the   line,  and   such   other  instruction  as  the  command- 

12  ing  officer  may  deem  necessary. 

12.    It  shall  be  the  duty  of  the  railroad  companies  in  which  the 

2  State   is  a  stockholder,  to   transport   free  of  charge   the   companies 

3  and  officers  constituting  the  legion,  -with   their   baggage   ami   equip- 

4  ments,  when   ordered   into   service  for   drill   or  otherwise,  and   the 

5  Board  of  Public  Works  shall  instruct  the  proxies  ami  directors  rep- 
»'»  resenting  the  State  in  the  railroad  companies,  to  carry  into  effect 
7   this  section. 


BILL  No.  102. 


SENATE  BILL 


A  BILL 

Tb  amend  the  act  to  amend  the  pilot  laics  in  regard  to  the  Potomac 
river,  passed  March  20,  I860. 
I.  Be  it  enacted  by  the  General  Assembly,  That  the  first  sec- 

2  tion  of  the  above  mentioned  act  be  repealed  and  re-enacted  so  as  to 

3  read  as  follows : 

4  "§l.  That  the  county  court  of  Alexandria  county  shall  appoint 

5  five  suitable  persons  to  constitute  a   boad  of  commissioners  to  ex- 

6  amine  persons  applying  for  branches  as  pilots  for  the  river  Potomac. 

7  The  said  board,  when  appointed,  shall  meet  at  Alexandria,  and  shall 

8  continue  in  office  for  three  years  from  the  dates  of  their  appoint- 

9  ment,  respectively.      Every  person  applying  to  said  board  to  be 

10  licensed  as  a  branch  pilot  shall  satisfy  them  of  his  citizenship  and 

11  of  his  good  character,  and  the  said  board  shall  not  appoint  or  license 

12  any  person  unless  they  arc  fully  satisfied  that  he  is  qualified  by  ser- 

13  vice  and  experience  to  act  as  a  pilot  for  the  Potomac  river.     Said 

14  board  shall  take  bond  with  good  and  sufficient  surety  from  every 

15  person  they  may  license  as  such  pilot,  in  the  penalty  of  five  hundred 

16  dollars  for  the  faithful   discharge  of  his   duty,   which   they  shall  re- 


2  Bill   No.  L02. 

17  turn  to  the  clerk  of  the  county  court  of  Alexandria  county,  to  be 

1-  by  him  filed.     They  Bhall  be  allowed  a  Fee  of  five  dollars  for  each 

19  person  they  Bhall  bo  license.     The  Baid  bonds  shall  be  renewed  every 

20  year,  and  the  bond  Bhall  from  time  to  time  decide  how  many  pilots 
i!l  are  necessary. 

2.   Be  it  further  enacted,    That   the    third   section  of  said  act  DQ 

2  repealed  and  re-enacted  so  as  to  read  as  follows: 

:',  g  3.    ''The  said  pilots  are  authorized  to  receive  and  collect  from  ves- 

4  Bels  hound  to  or  from  sea.  pilotage  at  the  following   rates,  viz:   on 

5  licensed  coasting  vessels  of  less  than  four  hundred  tons  measurement, 

6  seven  cents  per  ton,  and  not  more  than  one  dollar  and  seventy-five  cents 

7  per  foot  up,  and  one  dollar  and  fifty  cents  per  foot  down  the  river 

8  on  all  other    vessels    for  the  entire  distance  between  a  point  hearing 
!»  southwest   from   Point   Lookout    and    Alexandria,    and    every  vessel 

10  spoken  by  such  a  pilot  hetween  said  point  and  Ragged  Point,  or  at 

11  Alexandria,  and  refusing  him,  shall   pay   one   dollar  and  twenty-five 

12  cents:  provided,  that  British  American  vessels  owned  in  the  British 

13  provinces  or  in  the  United  States  hound  to  the  port  of  Alexandria 
1  I    from  any  of  said  provinces,  or  from  Alexandria  to  the  same,  shall 

15  he  suhject  only  to  the  same  charges  for  pilotage  and  shall  be  on  the 

16  same  footing  in  regard  to  pilotage  as  vessels  belonging  to  citizens  of 

17  the  United  States  sailing  under  coasting  license,  and  provided  also, 

18  that  it  shall  he  lawful  for  all  vessels  engaged  in  the  coal  trade  to 
10  proceed  from  or  to  any  place  in  this  State  without  any  charge  for 
20  pilotage,  and  should  satisfactory  evidence  be  afforded  that  any  ves- 


Bill  No.  102.  3 

21  scl  is  bound  to  such  place  in  ballast  for  the  purpose  of  carrying  coal, 

22  such  vessel  shall  be  free  from  pilotage,  both  inward  and  outward 

23  bound:  and  provided  further,  that  all  claims  accruing  under  this 
21  act  shall  be  recoverable  with  costs  before  any  justice  of  the  peace 

25  of  Alexandria  county,  or  court  of  said  county  having  jurisdiction 

26  and  not  otherwise. 


BILL  No.  105.  0*  ' 


4 
0< 


"0*  ol 


SENATE    BILL 


A   BILL 

To  authorize  the  sale  of  a  portion  of  the  armor//  grounds,  and  out  of  the 
proceeds  thereof  to  purchase  a  site  for  an  arsenal  and  quarters  for 
the  public  guard,  and  to  erect  buildings  for  that  purpose. 

1.  Bo  it  enacted  by  the  General  Assembly,  That  the  Governor 

2  be,  and  is  hereby  required  to  sell  so  much  of  the  armory  grounds, 

3  as  in  the  opinion  of  the  superintendent  of  the  armory  and  the  mas- 

4  ter  armorer,   can  be  dispensed  with  -without  interfering  with  the 

5  efficient  operations  of  the  armory  as  a  manufactory  of  arms. 

2.  Be  it  further  enacted,  That  the  Governor  be,  and  he  is  hereby 

2  required  to  purchase  suitable  grounds  in  or  near  the  city  of   llich- 

3  mond,  and  to  erect  thereupon  suitable  buildings  for  the  public  guard 

4  and  for  storing  arms  and  munitions  of  war  belonging  to  the  State : 

5  provided,  the  whole  cost  for  grounds  and  buildings  shall  not  exceed 

6  the  sum  obtained  for  the  sale  of  said  armory  grounds. 

3.  Be  it  further  enacted,  That  the  Governor  be,  and  he  is  hereby 

2  authorized  to  exercise  his  discretion  as  to  the  time  and  manner  of 

3  sale  of  the  said  armory  grounds,  and  to  anticipate  the  said  sale  by 

4  proceeding  at  once  in  erecting  said  buildings. 

4.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  107.  nO 


SENATE    BILL. 


A   BILL 

For  the  protection  of  the  fisheries  on  the  ivatcrs  of  the  Potomac  river 

and  Chesapeake  bay. 

1.  Be  it  enacted  by  the  General  Assembly,  That  from  and  after 

2  the  passage  of  this  act,  it  shall  be  unlawful  for  any  person,  not  a 

3  resident  of  this  State,  to  fish  with  trot  lines  in  any  of  the  waters  of 

4  the  Potomac  river  or  Chesapeake  bay,  within  this  State. 

2.  That  upon  complaint  being  made  on  oath  by  any  competent 

2  person,  before  any  justice  of  the  peace  of  any  county  in  this  State, 

3  that  any  person  or  persons  who  do  not  reside  in  Virginia,  have  set 

4  trot  lines  for  fishing  in  any  water  lying  wholly  or  partly  in  such 

5  county,  contrary  to  the  provisions  of  this  act,  it  shall  be  the  duty  of 
G  such  justice  to  issue  his  warrant,  directed  to  the  sheriff  or  any  con- 

7  stable  of  such  county,  commanding  him  to  forthwith  take  possession 

8  of  such  fishing  lines,  and  to  summon  the  owner  or  owners  thereof  to 
0  appear  before  him,  at  some  time  and  place  to  be  designated  in  such 

10  warrant,  to  answer  the  charge  of  such  unlawful  fishing.     The  said 

11  justice  shall  examine  such  witnesses  as  may  be  produced,  cither  by 

12  the  party  complaining  or  the  party  complained  of,  and  if  it  shall 


2  Bill  No.  107. 

13  satisfactorily  appear  to  such  justice,  that  the  complaint  is  true,  he 

14  shall  cause  the  said  trot  lines  to  be  destroyed,  and  adjudge  the 

15  offending  party  to  pay  the  cost  of   such  proceeding.     If    it   shall 
1G  appear  that  such  complaint  was  improperly  made,  the   party  com- 

17  plaining  shall  be  adjudged  to  pay  all  costs  occasioned  thereby,   and 

18  shall  be  further  liable  for  damages  to  any  party  injured  by  any  such 

19  seizure. 

3.  Any  party  offending  against  the  provisions  of   this   act,  by 

2  such  unlawful  fishing,  shall,  in  addition  to  the  penalties  and  forfeit- 

3  ures  prescribed  by  the  preceding  section,  be  fined  not  less  than  fifty 

4  nor  more  than  five  hundred  dollars. 

4.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  111.  i M 


4       /  i?) 


SENATE    BILL. 


A   BILL 

Appropriating  a  sum  of  money  to  purchase  certain  ordnance  and  mate- 
rial of  J.  L.  Archer  of  Bellona  foundry,  in  this  State. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Governor 

2  of  Virginia  be,  and  he  is  hereby  authorized  and  directed  to  contract 

3  immediately  with  J.  L.  Archer  of  the  Bellona  foundry,  in  this  State, 

4  for  all  the  guns,  shot,  shell  and  material  of  war  made  by  him,  and 

5  now  in  his  possession,  to  be  used  for  the  defenses  of  this  State. 

2.  That  the  sum  of  thirty  thousand  three  hundred  and  twenty- 

2  two  dollars  and  eighty  cents,  be,  and  the  same  are  hereby  appro- 

3  priated  for  the  purchase  of  the  said  guns,  shot,  shell  and  material  of 

4  war,  as  follows :  thirteen  thousand  twenty-four  dollars  to  be  paid 

5  out  of  any  money  now  in  the  treasury  not  otherwise  appropriated, 

6  and  the  balance  out  of  the  fund  heretofore  appropriated  for  the  pur- 
I  chase  of  aims. 

3.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  112. 


ox-  u 


SENATE     BILL 


A    BILL 

Authorizing  the  Governor  to  Commission  and  Arm  "  Home  Guards'  as 
independent  military  organizations. 
Whereas,    it   is   represented   that  there  are   large   numbers  of 

2  our  citizens,  in  different  sections  of  the  State,  over  the  age  of  forty- 

3  five  years,  and  not  subject  to  militia  duty,  who  arc  desirous  of  form- 

4  ing  themselves  into  military  companies,  for  the  purpose  of  protecting 

5  the  property,  homes   and  lives  of  the  people,  and  acting   in  the 

6  capacity  of  "Home  Guards"  in  the  present  crisis: 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Governor 

2  be  and  is  hereby  authorized,  as  soon  as  he  shall  receive  the  certifi- 

3  catc  of  the  commandant  of  any  regiment,  that  such  a  company  is 

4  duly  organized  within  the  bounds  of  such  regiment,  with  not  less 

5  than  forty-five  members,  rank  and  file,  and  setting  forth  the  names 

6  of   the  officers  elected,   to  issue  commissions  accordingly,  and  to 

7  furnish   such   company  with   neesssary  arms   and   equipments  upon 

8  their  complying  with  the  requirements  of  the  law  in  relation  thereto. 

2.  The   said   companies    shall    constitute    independent    military 
2  organizations,  and  shall  be  subject  to  duty  under  their  own  officers, 


>  Hill  No.   L12. 

3  and  only  within  the  limits  of  their  respective  counties  pora- 

4  tions.     A   majority  of  tho  members  of  any  such  companies  may 

5  adopt  such  by-laws  as  may  be  necessary  for  its  government,  not  in 
G  conflict  with  the  constitution  and  laws  of  the  United  States  or  of 

7  this  Commonwealth. 

3.  The  right  is  hereby  reserved  to  the  Governor,  for  good  cause 
2  in  his  opinion,  to  withdraw  the  commissions  issued  under   this  act, 

8  and  to  disband  such  companies. 

4.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  114. 


-*•<*        ^ 
tf 


SENATE    BILL. 


A   BILL 
Incorporqfing  the  Southern  institution  for  the  amelioration  of  the  condi- 
tion of  the  deaf,  dumb  and  blind  negroes  of  the  Commonwealth. 

1.  Be  it  enacted,  That  William  M.  Langhorne  and  such  other  per- 

2  sons  as  may  or  shall  he  hereafter  associated  with  him,  be  constituted 

3  a  body  politic  and  corporate  under  the  name  and  style  of  "the 

4  Southern  institution  for  the  amelioration  of  the  condition  of  the 

5  deaf,  dumb  and  blind  negroes,"  and  by  that  name  shall  have  perpet- 

6  ual  succession,  may  sue,  and  be  sued,  plead  and  be  impleaded,  have 

7  and  use  a  common  seal,  and  be  subject  to  all  the  provisions  of  chap- 

8  tcr  of  the  Code  of  Virginia,  so  far  as  they  may  be  applicable 

9  to  this  act. 

2.  The  said  company  shall  have  power  to  purchase  lands  for  the 

2  purpose  of  said  institution  not  exceeding  in  quantity  fifty  acres,  and 

3  other  property  not  exceeding  in  value  fifty  thousand  dollars. 

3.  The  said  institution   shall  be  managed  by  such  officers  and 

2  directors  as  a  majority  of  those  interested  may  appoint,  and  shall  be 

3  governed  by  such  by-law-  as  may  be  adopted  by  them  not  inconsist- 

4  ent  with  the  constitution  or  laws  of  this  State. 

4.  This  act  shall  be  in  force  from  its  passage. 


o 

BILL  No.  118. 

\ 


HOUSE    BILL, 


A    BILL 

Imposing  taxes  for  the  support  of  government. 


With  amendments  proposed  by  Senate  Committee  on  Finance  and  Claims. 


1.  Be  it  enacted  by  the  General  Assembly,  That  the  taxes  on 

2  the  persons  and  subjects  in  this  chapter  mentioned,  or  required  by 

3  law  to  be  listed  or  assessed,  shall  be  yearly  as  follows : 

Taxes  on  lands  and  lots. 

4  On  tracts  of  lands  and  lots,  with  the  improvements  thereon,  not 

5  exempt  from  taxation,  forty  cents  on  every  hundred  dollars  value 

6  thereof :  and  herein  shall  be  included  all  tracts  of  lands  and  lots, 

7  with  improvements  thereon,  not  otherwise  taxed  or  exempt  from 

8  taxation,  of  incorporated  joint  stock  companies,  savings  institutions 

9  and  insurance  companies. 

On  personal  property. 

2.  On  all  the  personal  property,  excepting  provisions  and  wool 

2  of  last  year's  clip,  but  this  section  shall  not  be  so  construed  as  to 

3  exclude  from  taxation  any  provisions  purchased  for  sale  by  the  holder 


Bill  No.   I  L8. 

4  thereof,  moneys  and  credits,  as  defined  in  this  section,  including  all 

5  capital,  personal  pr  f   incorporated  joint   Btook 
0  compai            tier  than  railroad,  canal  or  turnpike  companies),  and 

7  all  capital  inves  1  or  employed  in  any  manufacturing,  trade 

8  or  other  business,  forty  cents  on  every  hundred  dollars  value  thereof. 

9  But  slaws  and  property  otherwise  taxed,  and  property  from  which 

10  any  income  so  taxed  is  derived,  or  on  the  capital  invested   in   any 

11  trade  or  business,  in  respect  to  which  a  license  so  taxed  is  issued, 

12  certificates  of  stock,  moneys  and  personal  property  that  constitute 
IS  part  of  the  capital  of  any  hank,  savings  institutions  and  insurance 
14  companies,  whether  incorporated  by  this  or  any  other  state,  which 
1.",  have  declared  dividends  within  one  year  preceding  the  first  day  of 
1G  February,  of  as  much  as  six  per  cent,  profits,   shall   not  he   taxed 

17  under  the  provisions  of  this  section.     The  word  "moneys"  shall  be 

18  construed  to  include  not  only  gold,  silver  and  copper  coins,  but  bul- 
10  lion  and  bank   notes.     The  word  "credits"   shall  be  construed    to 

20  mean  all  bank,  state  or  corporation  stocks,  claims  or  demands  owing 

21  or  coming  to  any  person,  whether  due  or  not,  and  whether  payable 
■J.'2  in  money  or  other  thing.     Moneys  and  credits  owned  by  any  resident 

23  of  this  state,  whether  such  moneys  or  credits  are  within  or  without 

24  this  state,  shall  be  taxed  at  the  rate  prescribed  by  this  section. 

On  slaves. 

3.   On  every  slave  who   has  attained  the  age   of   twelve  years, 

2  whether  owned  or  hired,  or  whether  exempted  from  county  levy  in 

3  consequence  of  bodily  infirmity  or  not,  one  dollar  and  twenty  cents; 


Bill  No.  118.  3 

4  and  no  company  exempted  by  its  charter  from  taxation,   shall  be 

5  entitled  to  any  such  exemption  from  taxation  of  any  slave  acquired 

6  since  the  adoption  of  the  constitution,  or  by  any  law  exempting  the 

7  property  of  railroad  or  canal  companies,  upon  the  payment  of  taxes 

8  on  freight  or  passengers. 

On  free  negroes. 

4.  On  every  male  free  negro  who  lias  attained  the  age  of  twenty- 

2  one  years,  eighty  cents ;  but  no  tax  shall  hereafter  be  assessed  or 

3  collected  on  such  male  free  negro  under  the  act  of  the  6th  of  April, 

4  1853,  establishing  a  colonization  board. 

On  white  males. 

5.  On  every  white  male  inhabitant  who  has  attained  the  age  of 

2  twenty-one  years,  not  exempted  from  taxation  by  order  of  court  in 

3  consequence  of  bodily  infirmity,  eighty  cents. 

On  imblic  bonds. 

6.  On  the  interest  or  profit  which  way  have  accrued,  and  is  sol- 

2  vent,  or  which  may  have  been  received  by  any  person,  or  converted 

3  into  principal  so  as  to  become  an  interest-bearing  subject,  or  other- 

4  wise  appropriated,  within  the  year  next  preceding   the  first  day  of 

5  February  of  each  year,  arising  from   bonds   and  certificates  of  debt 

6  of  this  or  any  other  state  or  country,  or  any  corporation  created  by 

7  this  or  any  other  state,  whether   the  stock  of   such  company  be 

8  exempl  from  taxation  or  not,  six  and  two-thirds  per  centum.     But 

9  .-melt  interests  or  profits  derived  from  bank  stock  or  shares  of  savings 
10  institutions  and  insurance  companies  which  pay  taxes  thereon  into 


4  Bill  No.  118. 

11  the  treasury,  shall  not  be  included  herein,  unless  invested  or  other- 

•12  'wise  appropriated,  and  if  so  invested  or  otherwise  appropriated,  the 

13  tax  thereon  shall  be  at  the  rate  of  forty  cents  upon  every  hundred 

14  dollars  value  thereof.     If  no  interest  shall  have  been  received  within 

15  the  year  preceding  the  first  day  of  February,  then  the  value  of 

16  the  principal  of  such  bonds  shall  be  assessed  and  taxed  as  other 
IT  property. 

On  bank  dividends. 

7.  On  the  dividends  declared  by  any  bank  incorporated  by  this 

2  State,  the  tax  shall  be  six  and  two-thirds  per  centum  upon  the 

3  amount  thereof,  to  be  paid  into  the  treasury  by  the  bank.     If  the 

4  dividend  be  that  of  a  bank  incorporated  elsewhere,  the  tax  shall  be 

5  six  and  two-thirds  per  centum  upon  the  amount  thereof,  to  be  as- 

6  sessed  and  collected  as  other  taxes. 

On  dividends  of  savings  institutions  and  insurance  companies. 

8.  On  the  dividends  declared  within  the  year  preceding  the  first 

2  day  of  February,  if  the  same  be  equal  to  or  over  six  per  centum  on 

3  its  capital,  by  savings  institutions   and  insurance  companies,  to  be 

4  paid  by  such  institutions  and  companies  into  the  treasury  respec- 

5  tively,  six  and  two-thirds  per  centum;  but  if  such  dividend  be  not 

6  equal  to  six  per  centum  of  such  capital,  its  capital  shall  be  listed 

7  and  taxed  as  other  property. 

On  income. 

9.  On  the  income,  salary  or  fees  received  during  the  year  ending 
2  the  first  day  of  February  of  each  year,  in  consideration  of  the  dis- 


Bill  No.  118.  5 

3  charge  of  any  office  or  employment  in  the  service  of  the  State,  or 

4  in  consideration  of  the  discharge  of  any  office  or  employment  in  the 

5  service  of  any  corporation,  or  in  the  service  of  any  company,  firm 

6  or  person,  except  where  the  service  is  that  of  a  minister  of  the 

7  gospel,  one  per  centum  upon  so  much  thereof  as  exceeds  five  hun- 

8  dred  dollars.     The  tax  on  a  salary  payable  under  this  section  by  an 

9  officer  of  government   receiving  the  same  out  of  the  treasury,  shall 

10  be  chargeable  on  the  annual  salary,  on  the  amount  drawn  from  the 

11  treasury  at  the  time  the  salary  is  audited   and   paid;  and  fees  or 

12  other  income  of  such  officer  shall  be  listed  and  assessed  by  the  com- 

13  missioncrs  as  in  other  cases,  and  at  the  rate  prescribed  thereon. 

On  toll  bridges. 

10.  On  the  yearly  rent  or  annual  value  of  toll  bridges  and  fer- 

2  ries  other  than  those  toll  bridges  and  ferries  exempt  by  their  charter 

3  from  taxation,  six  per  centum. 

On  collateral  inheritances . 

11.  On  the  estate  of  a  decedent,  which  passes  under  his  will,  or 

2  by  descent  to  any  other  person,  or  for  any  other  use  than  to  or  for 

3  the  use  of  the  father,  mother,  husband,  wife,  brother,  sister,  nephew, 

4  niece  or  lineal   descendant  of  such  decedent,  there  shall  be  a  tax  of 

5  two  per  centum  of  such  estate. 

Internal  improvement  companies. 

12.  Every  rail  road  company  or  canal  company  shall  hereafter 

2  report  quarterly,  on  the  fifteenth  day  of  March,  June,  September 

3  and  December  in  each  year,  to  the  auditor  of  public  accounts,  the 


G  Bill  No.    118. 

4  number  of  passengers  transported  and  the  aggregate  number  of 

5  miles  traveled  by  them  within   this  commonwealth,  and  the  gross 
G  amount  received  by  such  company  for  the  transportation  of  freight 

7  over   such  road  or  canal,  or  any  part   thereof,  or  water  or  other  im- 

8  provement  owned  or  connected  therewith,  during  the  quarter  of  the 

9  year  next  preceding  the  first  day  of  the  month  in  which  such  report 

10  is  made.     Such  company,  whose  road  or  canal  is  only  in  part  within 

11  the  commonwealth,  shall  report  as  aforesaid  such  portion  only  of 

12  such  amount  received  for  transportation  of  freight,  as  the  part  of 

13  the  said  road  or  canal  which  is  within  this  commonwealth,  bears  to 

14  the  whole  of  such  road  or  canal.     If  the  profit  of  such  road  or  canal 

15  consist  in  whole  or  in  part  of  tolls,  the  gross  amount  thereof  shall, 

16  for  the  purposes  of  this  act,  be  construed  to  be  a  part  of  the  gross 
IT  amount  received  for  the  transportation  of  freight. 

13.   Such  statement  shall  be  verified  by  the  oaths  of  the  presi- 

2  dent  and  the   superintendent   of  transportation,   or   other   proper 

3  officer.     Every  company  failing  to  make  such  report,  shall  be  fined 

4  five  hundred  dollars  ;  and  any  company  having  a  subordinate  board, 

5  or  any  board  managing  any  part  of  its  works,  may,  by  its  by-laws, 

6  create  and  enforce  such  penalties  as  will  secure  proper  reports  of 

7  such  companies.     At  the  time  of  making  such  report,  the  company 

8  shall  pay  into  the  treasury,  for  every  passenger  transported,  a  tax 

9  at  the  rate  of  one  mill  for  every  mile  of  transportation  of  each  of 

10  such  passengers,  and  a  tax  of  one-half  of  one  per  centum  of  such 

11  gross  amount  received  for  the  transportation  of  freight  and  tolls. 


Bill  No.  118.  7 

12  Every  such  company  paying  such  taxes,  shall  not  be  assessed  with 

13  any  tax  on  its  lands,  buildings,  cars,  boats  or  other  property,  (other 

14  than  slaves,)  which  they  arc  authorized  by  law  to  hold  or  have. 

15  But  if  any  such  company  fail  to  pay  such  taxes  at  either  of  the 

16  terms  specified  therefor,  then  its  lands,  buildings,   cars,  boats  and 

17  other  property  shall  be  immediately  assessed  under  the  direction  of 

18  the  auditor  of  public  accounts,  by  any  person  appointed  by  him  for 

19  the  purpose,  at   its  full  value,  and  a  tax  shall  at  once  be  levied 

20  thereon,  as  on  real  estate  and  other  property,  at  ten  cents  on  every 

21  hundred  dollars'  value,  on  account  of  each  quarterly  default,  to  be 

22  collected  by  any  sheriff  whom  the  auditor  may  direct ;   and  such 

23  sheriff  shall  distrain  and  sell  any  personal  property  of  such  com- 
21  pany,  and  pay  such  taxes  into  the  treasury  within  three  months 
25  from  the  time  when  such  assessment  is  furnished  to  him. 

Express  companies. 

14.    Every  express  company,  in  addition  to  the  license  tax  on 

2  such  company,  on  any  express  business,  shall  make  a  return  to  the 

o  auditor  of  public  accounts,  on  the  fifteenth  day  of  June  and  Decem- 

4  ber  in  each  year,  of  the  total  receipts  of  such  company,  on  account 

5  of  its  operations  within  the  state  of  Virginia,  within  the  six  months 
0  preceding  the  first  day  of  June  and  December  in  each  year.     Such 

7  returns  shall  be  verified  by  the  oaths  of  the  agent  and  chief  officers 

8  of  such  company,  at  its  principal  office  or  offices  in  the  state,  in  the 

9  manner  and  according  to  the  forms  prescribed  by  the  said  auditor, 
10  whether  collected  within  or  without  the  state.     Such  express  com- 


8  Bill  No.  118. 

11  pany  shall  pay  on  the  total  receipts  so  reported,  a  tax  of  one-half 

12  of  one  per  centum,  except  for  the  transportation  of  bank  notes  for 

13  brokers  and  nonresidents,  for  which  the  tax  shall  be  one-fourth  of 

14  one  per  cent,  upon  the  amount  of  bank  notes  transported ;  and  for 
1  ">  failure  to  make  such  report  or  pay  such  tax,  a  penalty  of  six  hundred 

16  dollars  shall  be  imposed  on  the  company  so  failing,  to  be  recovered 

17  as  other  penalties  are:  provided,  however,  that  no  express  company, 

18  through  any  of  its  agents,  shall  transact  any  business  appertaining 

19  to  the  business  of  a  broker,  unless  it  be  for  the  commonwealth. 

20  Such  principal  officer  shall  require  from  the  several  agents  em- 

21  ployed  by  such  company  a  report  of  their  transactions  on  oath, 

22  which  report,  so  sworn  to,  shall  accompany  the  report  of  the  chief 

23  officer  to  the  auditor  of  public  accounts. 

On  suits. 

15.  "When  any  original  suit,  attachment,  (other  than  an  attach- 

2  ment  sued  out  under  the  provisions  of  the  eleventh  section  of  chapter 

3  one  hundred  and  eighty-eight  of  the  Code,)  or  other  action  is  com- 

4  menced  in  a  circuit,  county  or  corporation  court,  there  shall  be  a 

5  tax  of  one  dollar  ;  if  it  be  an  appeal,  writ  of  error  or  supersedeas  in 

6  a  circuit  court,  there  shall  be  a  tax  of  two  dollars  ;  if  it  be  an  appeal, 

7  writ  of  error  or  supersedeas  in  a  district  court,  three  dollars  and 

8  fifty  cents  ;  and  if  in  a  court  of  appeals,  five  dollars;  and  all  actions 

9  brought  in  any  court,  whether  process  be  issued  from  court  in  the 
10  first  place  or  not,  shall  be  subject  to  said  tax. 

On  seals. 

16.  When  the  seal  of  a  court,  of  a  notary  public,  or  the  seal  of 


Bill  No.  118.  9 

2  the  state  is  annexed  to  any  paper,  except  in  those  cases  exempted 

3  by  law,  the  taxes  shall  be  as  follows :   For  the  seal  of  the  state,  two 

4  dollars:  for  any  other  seal,  one  dollar  and  fifty  cents,  except  in 

5  cases  of  protests  of  bills  or  notes,  the  tax  shall  be  fifty  cents ;  and 

6  herein  shall  be  included  a  tax  on  a  scroll  annexed  to  a  paper  in  lieu 

7  of  an  official  seal. 

On  ivills  and  administrations. 

17.  On  the  probate  of  every  will  or  grant  of  administration, 
2  there  shall  be  a  tax  of  one  dollar. 

Deeds. 

18.  On  every  deed  admitted  to  record,  whether  the  same  has 

2  been  recorded  before  or  not,  and  on  every  contract  relating  to  real 

3  estate,  whether  it  be  a  deed  or  not,  which  is  admitted  to  record, 

4  there  shall  be  a  tax  of  one  dollar. 

On  Licenses. 
Ordinaries. 

19.  The  taxes  on  licenses  shall  be  as  follows  : 

2  On  a  license  to  keep  an  ordinary  or  house  of  public  entertain- 

3  ment,  forty  dollars;    and  if  the  yearly  value  of  such  house  and 

4  furniture,  whether  rented  or  kept  by  the  proprietor,  exceeds   one 

5  hundred  dollars,  and  is  less  than  two  hundred  dollars,  the  tax  shall 

6  be  fifty  dollars;  and  if  the  yearly  value  thereof  exceeds  two  hun- 

7  dred  dollars,  there  shall  be  added  to  the  last  mentioned  sum  fifteen 

©  per  cent,  on  so  much  thereof  as  exceeds  two  hundred  dollars;  and 

9  if  the  license  grants  the  privilege  of  retailing  ardent  spirits,  porter, 
2 


10  Bill  No.  118. 

10  ale  or  beer,  to  he  drank  elsewhere  than  at  such  ordinary,  there  shall 

11  be   added   to  said   license  a  tax  of  fifty  dollars   in    addition   to   the 
1-  amount  otherwise  imposed;  and  if  the  business  be  continued,  there 

13  shall  also  be  a  tax  of  one  per  centum  upon  the  amount  of  such  sales 

14  for  the  preceding  year,  in  addition  to  the  specific  tax. 

Private  entertainments. 

20.  On  a  license  to  keep  a  house  of  private  entertainment  or  a 

2  private  boarding  house,  or  any  other  house  not  private,  but  kept  for 

3  public  resort  for  any  purpose,  five  dollars ;  and  if  the  yearly  value 

4  of  such  house  and  furniture  exceed  fifty  dollars,  and  is  less  than  one 

5  hundred  dollars,  the  tax  shall  be  ten  dollars.     If  the  yearly  value 

6  thereof  exceed  one  hundred  dollars,  there  shall  be  added  to  the  last 

7  mentioned  sum  ten  per  cent,  on  so  much  thereof  as  exceeds  one  hun- 

8  drcd  dollars.     But  no  house  shall  be  deemed  a  private  boarding 

9  house  with  less  than  five  boarders. 

21.  On  every  license  to  keep  a  cook  shop  or  eating  house,  fifteen 

2  dollars ;  and  in  addition  thereto,  fifteen  per  cent,  on  so  much  of  the 

3  yearly  value  thereof  as  exceeds  one  hundred  dollars. 

Boivling  alleys, 

22.  On  every  license  permitting  a  bowling  alley  or  saloon  to  be 

2  kept  for  a  year,  fifty  dollars:  provided,  that  where  there  is  more 

3  than  one  such  alley  kept  in  any  one  room,  fifteen  dollars  each  shall 

4  be  charged  for  the  excess  over  one. 

Billiard  tables.. 

23.  And  on  every  license  permitting  a  billiard  table  to  be  kept 


Bill  No.  118.  11 

2  for  a  year,  one  hundred  dollars :  provided,  that  where  there  is  more 

3  than  one  such  table  kept  in  any  one  room,  fifty  dollars  each  shall  be 

4  charged  for  the  excess  over  one  table  :  provided,  that  if  such  billiard 

5  table,  bowling  alley  or  saloon,  be  not  kept  open  more  than  four 

6  months  in  any  one  year,  the  taxes  thereon  shall  only  be  one-half  of 

7  these  rates,  but  the  license  granted  shall,  at  the  time  of  granting 

8  the  same,  be  for  a  period  of  four  months,  or  for  a  period  of  twelve 

9  months. 

Bagatelle  tables. 

24.  On  every  license  permitting  a  bagatelle,  keno  or  other  like 

2  table  to  be  kept  for  one  year  or  any  less  time,  twenty  dollars  for  the 

3  first,  and  if  more  than  one,  ten  dollars  for  the  second,  and  five  dol- 

4  lars  for  each  additional  table  kept  in  the  same  house. 

25.  On  every  license  to  a  keeper  of  a  livery  stable,  one  dollar 

2  for  each  stall  thereof;  and  herein  shall  be  included  as  stalls,  such 

3  space  as  may  be  necessary  for  a  horse  to  stand,   and  in  which  a 

4  horse  is  or  may  be  kept  at  livery  otherwise  than  for  the  purpose  of 

5  feeding  horses  by  one  day  only,  and  no  exemption  from  this  license 
G  shall  be  allowed  to  any  person  in  consequence  of  such  person  being 

7  licensed  to  keep  an  ordinary  or  house  of  private  entertainment,  if 

8  any  horses  be  kept,  fed  or  hired  for  compensation  by  the  proprietor 

9  thereof,  except  that  no  lax  shall  be  required  on  such  stalls  as   aro 

10  used  for  horses  belonging  to  travelers  or  guests  stopping  at  such 

11  house. 

26.  On  every  license  to  the  proprietor  of  a  distillery,   if   a  be- 


12  Bill  No.   118. 

2  ginncr,  the  tax  shall  he  twenty  dollars;  and   if  said  distillery  is  to 

3  be  kept  in  operation  as  mnob  as  fottt  months   in  the  year,   the  tax 

4  shall  be  thirty  dollars;  if  for  six  months,  forty  dollars;  if  for  nine 

5  months,  sixty  dollars ;  if  for  a  longer  time  than  nine  months,  one 
G  hundred  dollars ;  and  if  such  distillery  has  been  kept  in  operation 

7  IB  much  as  four  months  in  the  year  next  preceding  the  time  of 

8  obtaining  such  license,  the  proprietor  thereof  shall  pay,  in  addition 

9  to  the  tax  imposed  on  beginners,  one  per  centum  on   the  amount  of 

10  sales  of  liquor  so  manufactured  at  such  distillery  for  the  twelve 

11  months  next  preceding  the  time  of  obtaining  such  license.     No  com- 

12  pany  or  firm,  whether  engaged  in  distilling  grain   or   fruit  produced 

13  by  themselves  or  not,  owning  a  distillery,  shalhbc  exempt  from  taxa- 

14  tion,  unless  the  grain  or  fruit  Avas  the  joint  production  of  the  com- 

16  pany  or  firm  owning  the  distillery.     If  the  distillery  is  engaged  in 
1G  distilling  grain  produced  by  the  owner  thereof,  or  fruit  whether  pro- 

17  duced  by  the  owner  thereof  or  not,  and  is  not  so  engaged  for  more 

18  than  four  months,  no  tax  shall  lie  imposed;  but  if  so  engaged  for 

19  more  than  four  months,  whether  engaged  in  distilling  fruit  or  grain 

20  produced  by  the  owner  or  not,  the  tax  shall  be  assessed  and  collected 

21  as  in  this  section  provided. 

27.  On  every  license  to  a  merchant  or  mercantile  firm,  where  a 

2  specific  tax  is  to  be  paid,  sixty  dollars:  provided,  that  if  the  capital 

3  employed  by  said  merchant  or  firm  be  shown  by  affidavit,  to  be  less 

4  than  five  hundred  dollars,  the  tax  to  be  paid  shall  be  ten  dollars; 

5  but  this,  proviso  shall  WA  authorize   any    -n-h  person  to  sell   wine, 


Bill  No.  118.  13 

6  ardent  spirits,  or  a  mixture  thereof ;  and  when  the  tax  is  in  propor- 

7  tion  to  the  sales,  if  the  taxable  sales  shall  be  under  one  thousand 

8  and  one  dollars,  the  tax  shall  be  twenty  dollars  ;  if  one  thousand 

9  and  one  and  under  fifteen  hundred  dollars,  twenty-four  dollars  ;  if 

10  fifteen  hundred  dollars  and  under  twenty-five  hundred  dollars,  thirty- 

11  two  dollars  ;  if  twenty-five  hundred  dollars  and  under  five  thousand 

12  dollars,  forty-eight  dollars ;  if  five  thousand  dollars  and  under  ten 

13  thousand   dollars,    seventy-six  dollars ;    if   ten   thousand   and   un- 

14  dcr  fifteen  thousand  dollars,  ninety-six  dollars ;  if  fifteen  thousand 

15  dollars  and  under  twenty  thousand  dollars,  one  hundred  and  twelve 

16  dollars  ;  if  twenty  thousand  dollars  and  under  thirty  thousand  dol- 

17  lars,  one  hundred  and  forty  dollars ;  if  thirty  thousand  dollars  and 

18  under  fifty  thousand  dollars,  two  hundred  and  eight  dollars ;  and  if 

19  over  fifty  thousand  dollars,  ten  dollars  for  every  ten  thousand  dol- 

20  lars  excess  over  the  said  sum  of  fifty  thousand  dollars. 

Merchant's  permission  to  sell  ardent  spirits. 
28.  And  in  every  case  in  which  the  license  to  a  merchant  or 

2  mercantile  firm,  includes  permission  to  sell  wine,  ardent  spirits  or  a 

3  mixture  thereof,  porter,  ale  or  beer,  by  wholesale  and  retail,  or  by 

4  retail  only,  if  such  merchant  or  firm  (commencing  business  for  the 

5  first  time)  sell  by  wholesale  and  retail,  or  by  wholesale  only,  an 

6  additional  tax  of  one  hundred  dollars,  and  if   by  retail   only,  forty 

7  dollars ;  and  if  such  license  be  to  a  merchant  or  mercantile  firm,  to 

8  continue  the  privilege  of  selling  wine,  ardent  spirits  of  or  a  mixture 
i'  tin  ret',  porter,  ale  or  beer,  if   !>,>   wholesale)  or  by  wholesale  and 


14  Bill  No.  118. 

10  retail,  or  by  retail  only,  the  tax   shall  he  one  per  centum  on  the 

11  amount  of  siu-h  Miles  for  the  year  next  preceding  the  time  of  obtain- 
1_!  ing  said  license,  in  addition  to  the  specific  tax  imposed  on  bcgin- 

13  ners;  but  said  sales   shall   not   he   estimated  in  ascertaining  the 

14  amount  of  a  merchant's  license. 

J/,  rchant  tailors  and  oth  r*. 

29.  Merchant  tailors,  lumber  merchants,  dealers  in  coal,  ice  or 

2  wood,  shall  obtain  licenses  as  merchants,  and  be  assessed  and  taxed 

3  thereon  as  other  merchants  are  by  the  preceding  sections  of  this  act, 

4  and  shall  be  subject  to  like  penalties  for  conducting  such  business 

5  without  a  merchant's  license,  except  that  any  captain  or  other  per- 

6  son  having  the  command  or  control  of  any  vessel,  shall  not  be  re- 

7  quired  to  take  out  a  license  to  sell  wood  by  retail  from  such  vessel. 

Commission  merchants. 

30.  The  tax  on  every  license  to  a  commission  merchant,  for- 

2  warding  merchant,  tobacco  auctioneer  or  ship  broker,  shall  be  forty 

3  dollars  each  for  commencing  business ;  and  if  to  continue  such  busi- 

4  ncss  after  the  same  has  been  carried  on  for  a  year,  the  tax  on  such 

5  license  shall  be  two  per  centum  on  the  amount  of  commissions  re- 

ft 
C  ccived ;  and  this  tax  shall  be  in  addition  to  such  tax  as  may  be 

7  imposed  on  a  license  to  such  merchant  or  firm,  to  sell  any  goods, 

8  wares  or  merchandise.     All  goods  consigned  to  any  such  commission 

9  merchant,  forwarding  merchant  or  tobacco  auctioneer,  whether  such 
10  goods  be  agricultural  productions  or  other  articles  exempted  in  the 


Bill  No.  118.  15 

11  hands  of  the  producer  or  owner  from  taxation,  shall  be  included  as 

12  subjects  of  taxation  under  the  provisions  of  this  section. 

Auctioneers. 

31.    On  every  license  to  an  auctioneer  or  vendue  master  com- 

2  mencing  business,  twenty-five  dollars  ;  and  if  the  place  of  business 

3  be  in  a  town  containing  a  population  of  three  thousand  inhabitants, 

4  thirty-two  dollars ;  if  the  population  exceeds  three  thousand,  an  ad- 

5  ditional  tax  of  fifteen  dollars  for  every  thousand  persons  above  that 

6  number,  and  at  that  rate  for  any  fractional  excess  less  than  one 

7  thousand ;  but  said  specific  tax  shall  in  no  case  exceed  three  hundred 

8  and  fifty  dollars.     On  every  license  to  an  auctioneer  who  deals  ex- 

9  clusively  in  real  estate,  two  hundred  and  fifty  dollars,  and  he  shall 

10  have  the  right  to  sell  real  estate  at  auction  or  otherwise.     On  every 

11  license  to  an  auctioneer  or  vendue  master,  in  this  section  mentioned, 

12  to  continue  the  business  after  the  same  has  been  carried  on  for  a 

13  year,  one-half  of  one  per  centum  on  the  amount  of  taxable  sales  of 

14  such  auctioneer  or  vendue  master;  but  in  no  case  shall  the  tax  on 

15  such  sales  exceed  one  thousand  dollars :  provided,  the  tax  to  be 

16  paid  by  auctioneers  for  the  sales  of  molasses  and  sugar,  shall  in  no 

17  case  exceed  five  hundred  dollars  for  such  sales;  but  the  tax  on  sales 

18  of  other  articles  shall  not  be  affected  by  this  provision.     But  no  sale 
L9  BhaU  be  made   at  any  other  place  than  the  house  named  in  the 

20  license  as  the  place  of  business,  or  at  such  other  place  as  the  person 

21  owning  the  property  is  authorized  to  sell  the  same ;  and  no  goods 

22  shall  be  consigned  to  such  auctioneer  for  sale,  unless  the  owner 


16  Bill  No.  118. 

23  thereof  has  obtained  a  merchant's  license  for  a  period  as  long  as 

24  one  whole  year. 

Common  crier. 

32.  On  every  license  to  a  common  crier,  if  in  a  town  of  more 

2  than  one  thousand  inhabitants,  ten  dollars;   but  he  shall  not  be 

3  authorized  to  act  as  such  in  the  sale  of  any  property  belonging  to 

4  any  person,  unless  such  owner  is  authorized  to  sell  such  property 

5  without  a  license,  or  has  obtained  a  license  to  do  so. 

Sample  merchants. 

33.  On  every  license  to  sell  goods  by  sample,  card  or  other  rep- 
2  resentation,  two  hundred  dollars. 

Express  compani-  8. 

34.  On  every  license  permitting  an  express  company  to  operate 
2  throughout  the  state,  fifty  dollars. 

Patent  rights. 

35.  On  every  license  to  sell  or  barter  the  right  to  manufacture 

2  or  use  any  machinery  or  other  thing  patented  to  any  person  or  com- 

3  pany,  under  the  laws  of  the  United  States,  ten  dollars  in  each 

4  county ;  and  no  merchant  shall  sell  the  same  without  the  additional 

5  tax  prescribed  by  this  section.     But  patentees  who  are  citizens  of 

6  Virginia  shall  not  be  subject  to  the  tax  imposed  by  this  section. 

Quack  medicines. 

36.  On  every  license  to  sell  patent,  specific  or  quack  medicines, 

2  if  by  retail,  twenty-five  dollars,  and  if  by  wholesale,  fifty  dollars. 

3  A  person  having  a  merchant's  license  may  sell  any  such  medicines 


Bill  No.  118.  17 

4  without  any  additional  license,  unless  the  same  be  sold  on  commis- 

5  sion ;  in  which  case  the  additional  license  and  tax  shall  be  imposed. 

Book  agents. 

37.  On  every  license  to  a  person   obtaining  subscriptions  to 

2  books,  maps,  prints,  pamphlets,  or  periodicals,  twenty-five  dollars 

3  for  each  county.     On  every  license  to  sell,  or  in  any  manner  furnish 

4  the  same,  twenty-five  dollars ;  if  the  person  obtaining  such  license 

5  has  not  been  a  resident  of  the  state  two  years,  the  tax  shall  in  each 

6  case  be  two  hundred  dollars.     But  any  person  who  has  been  a  resi- 

7  dent  of  the  state  for  two  years,  desiring  to  distribute  or  sell  any 

8  religious  books,  newspapers,  or  pamphlets,  may  apply  to  the  county 

9  or  corporation  court  of  each  county  in  which  he  may  desire  to  dis- 

10  tribute  or  sell  the  same  ;  and  such  court,  upon  being  satisfied  that 

11  such  person  is  a  proper  person  for  such  duty,  may  grant  him  a 

12  license,  without  the  imposition  of  any  tax  for  the  privilege. 

Agents  for  renting  houses  or  hiring  negroes. 

38.  On  every  license  to  a  person  engaged  as  agent  for  the  rent- 
2  ing  of  houses,  twenty-five  dollars. 

39.  On  every  license  to  a  person  engaged  as  agent  for  the  hiring 
2  of  negroes,  fifty  dollars. 

Stallion*. 

40.  On  every  license  to  the  owner  of  a  jackass  or  stallion,  for 

2  services  of  which  compensation  is   received,   twice  the  amount  of 

3  such  compensation,  when  the  charge  is  for  such  service  by  the  sea- 

4  son  ;  and  where  such  services  are  for  less  than  a  season,  then  twice 

3 


18  Bill  No.  118. 

5  what  a  commissioner  may  judge  to  b  liable  charge  therefor. 

6  Til*-  tax,  however,  in  no  case  to  bo  less  than  ten  dollars.     Such 

7  license  shall  authorize  the  performance  of  Buch  services  in  any  part 

8  of  the  commonwealth. 

Theatrical  performance*. 

■ 

41.  On  every  license  permitting  theatrical  performances  in  a 
2  public  theatre  or  elsewhere,  six  dollars  each  week  of  such  perform- 
ed ances,  notAvithstanding  the  owner  of  the  place  of  exhibition  shall 

4  Lave  paid  the  license  tax  required  on  such  theatre  or  rooms  fitted 

5  for  public  exhibitions. 

42.  On  every  license  permitting  the  sale  of  refreshments  in  a 

2  theatre   during  such   performances,   one  hundred   dollars   for  each 

3  place  of  sale;  and  no  abatement  shall  be  made,  if  the  privilege  be 

4  exercised  for  a  period  of  less  than  one  year. 

43.  On  every  license  permitting  the*  proprietor  or  occupier  of 

2  any  public  theatre  or  room  fitted  for  public  exhibitions,  to  use  the 

3  same  for  such  purposes  for  a  year,  twenty  dollars,  if  such  room  be 

4  in  a  town  of  less  than  five  thousand  inhabitants :  forty  dollars,  if  in 

5  a  town  of  more  than  five  thousand,  and  less  than  ten  thousand  in- 

6  habitants ;  and  sixty  dollars  in  all  other  towns  ;  but  the  land  and 

7  house  in  which  such  public  shows  arc  authorized,  shall  not  be  exempt 

8  from  taxation  as  other  similar  property. 

44.  On  every  license  permitting  any  public  sIioav,  exhibition  or 

2  performance,  if  in  a  corporate  town,  or  within  five  miles  thereof, 

3  for  each  time  of  performance,  ten  dollars ;  if  elsewhere,  five  dollars  ; 


Bill  No.  118.  19 

4  and  for  every  exhibition  of  a  circus,  if  within  a  corporate  town,  or 

5  within  five  miles  thereof,  forty  dollars;   if  elsewhere,  twenty  dollars; 

6  and  for  every  exhibition  of  a  menagerie,  if  within  a  corporate  town, 

7  or  five  miles  thereof,  forty  dollars ;  if  elsewhere,  twenty  dollars. 

8  All  such  shows,  exhibitions  and  performances,  whether  under  the 

9  same  canvas  or  not,  shall  be  construed  to  require  separate  licenses 

10  therefor,  whether  exhibited  for  compensation  or  not ;  and  upon  any 

11  such   shows,  exhibitions  and  performances  being  concluded,  so  that 

12  an  additional  fee  for  admission  be  charged,  in  lieu  of  a  return  check 

13  authorizing  the  holder  to  re-enter  without  charge,  shall  be  construed 

14  to  require  an  additional  license  therefor. 

Porter,  ale  and  beer. 

45.  On  every  license  to  manufacture  porter,  ale  and  beer,  or 

2  either,  fifty  dollars.     On  every  license  to  sell,  by  retail,  porter,  ale 

3  and  beer,  twenty  dollars ;  and  if  the  business  be  continued  for  more 

4  than  one  year,  an  additional  tax  of  one  per  centum  on  the  amount 

5  of  sales  of  the  previous  year.     But  if  the  license  be  to  retail  to  be 
G  drank  where  sold,  it  shall  be  granted  upon  the  certificate  of  th6 

7  county  or  corporation   court,   at  the  terms  and  in  every  respect 

8  as   certificates  arc  granted  to  ordinary  keepers  and  merchants  to 

9  retail  ardent  spirits. 

Stock  brokers. 

46.  On  every  license  to  a  broker  who  deals  exclusively  in  stocks, 

2  five  hundred  dolars  ;  and  he  shall  thereupon  have  the  right  to  sell 

3  the  said  stocks  at  auction  or  otherwise ;  and  any  person  who  sells 


20  Bill  No.  118. 

4  stocks  on  commission  shall  be  regarded  as  a  stock  broker  under  this 

5  section. 

Batik  tmt,'  broh  rs. 

47.  On  every  license  to  a  broker,  seven  hundred  and  fifty  dol- 
2  Lars. 

Insurance  companies. 

48.  On  every  license  to  an  agent  or  Bab-agent  of  any  insurance 

2  company  not  chartered   by  this  state,  twenty-five  dollars   in  each 

3  county  or  city  in  whioh  an  office  or  place  of  business  is  situated  ; 

4  and  in  addition  thereto,  a  tax  of  two  per  cent,  on  the  whole  amount 

5  of  premiums  received  and  assessments  collected  by  such  agent  or 

6  sub-agent  or  company  within  the  state,  as  prescribed  by  law.     No 

7  agent  or  Bub-agent  of  any  such  foreign  insurance  company  shall  be 

8  authorized  t<>  transact   any  business   in  any  county  or  corporation 

9  other  than  the  county  or  corporation  for  which  the  license  has  been 

10  granted. 

Physicians  and  others. 

49.  On  every  license  to  a  physician,  surgeon  or  dentist,  five 

2  dollars  each  ;    and   on  every  license   loan   attorney  at    law,  five  dol- 

3  lars.     If  the  yearly  income  derived  from  the  practice  of  any  such 

4  callings  or  professions  during  the  year  next  preceding  the  time  of 

5  obtaining  such  license  shall  exceed  five  hundred  dollars,  there  shall 

6  be  an  additional  tax  on  the  excess  of  one  per  centum ;  and  this  in- 

7  come  shall  be  included  in  the  license  tax.     A  license  to  any  such 

8  person  shall  confer  on  him  the  privilege  of  practicing  such  profes- 

9  sion  in  any  part  of  the  commonwealth. 


Bill  No.  118.  21 

Daguerreian  artists. 

50.  Ou  every  license  to  the  owner  of  a  daguerreian  or  such  like 

2  gallery,  by  whatsoever  name  it  may  be  known  or  called,  if  in  a  city 

3  or  incorporated  town  of  less  than  five  thousand  inhabitants,  twenty 

4  dollars ;   if  more  than  five  thousand  inhabitants,  forty  dollars ;  if 

5  elsewhere,  ten  dollars.     And  if  the  yearly  income  derived  from  the 
G  practice  of  paid  art  exceed  five  hundred  dollars  in  any  county,  city 

7  or  town,  an  additional  tax  of  two  per  centum  on  such  excess  for  the 

8  year  next  preceding  the  time  of  obtaining  such  license:  and  such 

9  tax  shall  be  imposed  whether  an  artist  perform  in  a  gallery  or  not. 

Horses,  mules,  asses  and  jennets. 

51.  On  every  license  to  sell  horses,  mules,  asses  and  jennets 

2  which  are  brought  into  this  state  for  sale,  ten  dollars  in  each  county ; 

3  and  the  act  making  general  regulations  concerning  licenses  shall  be 

4  so  far  modified  that  the  certificate  for  obtaining  such  licenses  may 

5  designate  the  county  or  corporation  as  the  place  of  sale ;  and  horses 

6  so  brought  into  the  state,  as  often  as  they  are  sold,  and  the  princi- 

7  pal  object  of  the  sale  is  for  profit,  although  previously  sold  in  this 

8  state,  shall  subject  the  person  so  selling  to  the  tax  hereby  imposed. 

Horses,  mules,  $e.  sold  for  profit. 

52.  On  every  license  to  sell  for  others,  on  commission  or  for 

2  profit,  horses,  mules,  asses,  jennets,  cattle,  sheep  and  hogs,  or  either 

3  of  them,  twenty  dollars;    and  the  sale  may  be  made  under  such 

4  license  in  any  county  or  corporation. 


22  Bill  No.  118. 

■/./;/.  .v.  buggies  and  other  vehicles. 
.    On  every  license  to  Bell  carriages,  buggies,  barouol 

2  wagons,  and  Buch  like  vehicles,  manufactured  out  of  this  state,  fifty 

3  dollars  in  each  county  or  corporation. 

Slaves  bought  for  profit. 

54.  On  every  license  to  buy  slaves  on  commission  or  for  profit, 
2  ten  dollars  in  each  county;  and  on  the  yearly  income  of  such  busi- 
:]  ness  in  all  the   counties  (to  be  taxed  but  once),  an  additional  tax  of 

1  two  per  centum  on  such  income. 

General  provisions. 

55.  After  the  first  day  of  February  and  until  the  first  day  of 

2  July  in  eacb  year,  and  until  the  delivery  of  the  commissioners'  books 

3  to  the  sheriff  or  collector  of  any  county,  if  the   same  be  delivered 

4  after  the  first  day  of  July,  it  shall  be  lawful  and  the  duty  of  every 

5  commissioner  of  the  revenue  to  make  out  tickets  showing  the  amount 

6  of  taxes  which  will  be  chargeable  on  his  books  when  completed, 

7  against  any  person  whom  he  has  reasonable  ground  to  suspect  is 

8  about  to  depart  from  his  county  before  the  first  day  of  July  or  be- 
ll fore  the  delivery  of  said  books  to  said  sheriff  or  collector.     Upon 

10  the  delivery  of  such  tickets  the  sheriff  or  collector  shall  be  author- 

11  ized  to  make  immediate  distress  for  the  taxes  therein  specified,  and 

12  to  use  all  the  remedies  for  the  collection  of  such  taxes  as  are  now 

13  given,  after  the  first  day  of  July,  upon  the  delivery  of  the  commis- 

14  sioners'  books. 

56.  This  act  shall  be  construed  to  impose  a  tax  on  all  occupa- 


Bill  No.  118.  23 

2  tions  prohibited,  unless  the  party  exercising  anything  so  prohibited 

3  show  by  his  affidavit  that  his  case  comes  under  some  of  the  exeep- 

4  tions  to  this  act,  or  to  the  88th  chapter  of  the  Code  (edition  of  1860), 

5  making  general  regulations  concerning  licenses. 

57.  No  license  shall  be  construed  to  grant  any  privilege  beyond 

2  the  county  or  corporation  -wherein  it  is  granted,  unless  it  be  expressly 

3  authorized. 

58.  Every  license  granting  authority  to  sell,  unless  the  license 

2  be  specially  authorized  by  law  for  a  county  or  corporation,  shall  be 

3  at  some  specified  house  or  place  within  such  county  or  corporation. 

59.  Commissioners  of  the  revenue  shall  furnish  or  cause  to  be 

2  furnished  to  every  tax   payer  to  be  found  within  his  county,  the 

3  forms  prescribed  by  the  65th  section  of  chapter  35  of  the  Code. 

4  He  shall  require  answers,  according  to  said  section,  and  with  his 

5  books,  shall  transmit  said  forms  to  the  auditor  of  public  accounts. 

60.  Any  person  continuing  business,  after  any  license  obtained 

2  by  him  shall  have  expired,  without  obtaining,  on  or  before  the  day 

3  his  former  license  so  expired,  a  license  for  the  succeeding  term,  such 

4  person  shall  be  assessed  with  twice  the  amount  ol  tax  otherwise 

5  imposed  on  such  license. 

61.  If  a  commissioner  shall,  in  his  list  of  licenses  to  be  furnished 

2  to  the  auditor  of  public  accounts,  charge  or  extend  in  any  case  a  tax 

3  less  than  the  law  requires,  the  auditor  of  public  accounts  shall  deduct 

4  the  amount  omitted  to  be  charged  or  extended,  from  the  compensa- 

5  tion  of  the  commissioner:  and  to  enable  the  auditor  to  make  an 


24  Bill  No.  118. 

.animation  of  BUch  lists,  the  commissioner  shall  return  to  him,  with 

7  his  ntum  of  licenses,  all  interrogatories  which  may  have  been  pro* 

8  pounded  by  him,  under  the  direction  of   the  auditor  of   public  ac- 

9  counts,  and  answered. 

I  J.  Any  subject  of  taxation  required  to  be  listed  under  the  pro- 

2  visions  of  the  thirty-fifth  and  thirty-eighth  chapter  of  the  Code,  and 

3  not  specially  taxed  herein,  shall  be  taxed  as  similar  subjects;  except 

4  that  the  assessor's  duties  under  the  fifty-first  section  of  chapter  thir- 

5  ty-five,  shall  be  conformed  to  the  ninth  section  of  this  act. 

Go.  The  value  of  lands  and  lots  as  ascertained  by  the  assessment 

2  made  under  the  tenth  chapter  of  the  acts  of  eighteen  hundred  and 

3  fifty-five  and  eighteen  hundred  and  fifty-six,  passed  March  tenth, 

4  eighteen  hundred  and  fifty-six,  under  subsequent   special   acts,   and 

5  under  the  thirty-fifth  chapter  of  the  Code  in  respect  to  new  grants, 
G  shall  be  permanent  and  not  be  changed,  except  under  the  provisions 

7  of  the  said  thirty-fifth  chapter  in  case  of  a  partition  or  conveyance; 

8  and  the  auditor  of  public  accounts,  after  the  year  eighteen  hundred 

9  and  sixty-one,  may  so  far  change  the  form  of  the  commissioners' 

10  land  book  as  to  show  in  one  column   the   value   of   lands  and  lots 

11  exclusive  of  buildings. 

64.  That  the  sixty-first  section  of   chapter  thirty-eight  of   the 

2  Code  and  the  whole  of  chapter  40  (edition  of  eighteen  hundred  and 

3  sixty)  be,  and  the  same  is  hereby  repealed  so  far  as  the  same  is  not 

4  hereinbefore  re-enacted. 

65.  This  act  shall  be  in  force  from  its  passage. 


AMENDMENTS 


PROrOSED    BY   THE 


Senate  Committee  on  Finance  and  Claims 


TO 


House  bill,  JSTo.  118,  Imposing  Taxes  for  the  Support  of  Government. 


Sec.  2.   Strike  out  all  after  the  -word  "property"  in  first  line,  to 

2  the  word   "thereof"  in  the  third  line  (inclusive),  and  insert  in  lieu 

3  thereof  the  words,  "except  household  provisions,  and  on". 

Sec.  9.   After  the  word  "be"  in  the  8th  line,  insert  the  words 
2  "be  deducted  at  the  rate". 

Sec.  15.   Line  3,  before  the  words  "or  other  action"  insert  the 

2  word  "  ejectment"  and  strike  out  all  after  the  words  "five  dollars" 

3  in  the  7th  line. 

Sec.  22.    Line  2,  strike  out  the  words  "provided  that  where" 
2  and  insert  in  lieu  thereof,  the  -words  "but  if" 

Sec.  23.    Line  1,  strike  out  "And  ".     Strike  out  in  2d  line  the 

2  words  ,k  provided  that  where  "  and  insert  the  words  "  but  if".    Strike 

3  out  in  4th  line  the  words  "provided  tliat". 

4 


20  Amendments  to  Bill  No.  118. 

Sec.  24.    Line  1,  strike  out  the  word  "  Kino  ". 
Insert,  as  an  independent  section,  after  the  24th,  the  following : 

1  "  On  every  license  permitting  a  kino  tahle  for  one  year,  one 

2  hundred  dollars  for  the  first  and  fifty  dollars  for  the  second,  and  ten 

3  dollars  for  each  additional  table  kept  in  the  same  house". 

Sec.  25.    Line  8,  strike  out  the  word  "used  "  and  insert  in  lieu 
2  thereof,  the  words  "kept  exclusively  and  used". 

Sec.  27.    Line  2,  strike  out  the  words   "provided  that"   and 

2  insert  in  lieu  thereof,  the  word  "but"  ;  and  after  the  word  " cm- 

1    3  ployed  "  in  same  line,  insert  the  words  "  and  to  be  employed  for  the 

4  year,  in  luding  as  capital  the  cash  so  used,  whether  borrowed  or  not, 

5  and  goods  purchased  on   credit ".     Line  4,  strike  out  the  words 

6  "  this  proviso  shall  not  ",  and  insert  in  lieu  thereof,  the  words   "no- 

7  thing  contained  in  this  section  shall  be  construed  to" . 

After  the  31st  section  insert  as  an  independent  section  the  fol- 
lowing: 

1  "  On  every  license  to  an  auctioneer  dealing  in  negroes,  one  thou- 

2  sand  dollars." 

Sec.  35.     Line  4th,  strike  out  the  words  "the  additional"  and 

2  insert  in  lieu  thereof  the  words,  "an  additional  license  and  the  pay- 

3  ment  of  the". 

Sec.  44.    Line  2,  after  the  word  "  performance"  insert  the  words, 

2  "  Other  than  the  drama,  whether  in  a  theatre  or  other  licensed  house 

3  or  not". 


Amendments  to  Bill  No.  118.  27 

Sec.  48.  Strike  out  the  entire  section,  and  insert  in  lieu  thereof 

the  following: 

"  On  every  license  to  an  agent  or  sub-agent  of  any  insurance 

[  2  company  not  chartered  by  this  state,  twenty-five  dollars ;  and  in  ad- 

3  dition  thereto,  a  tax  of  one  per  cent,  on  the  whole  amount  of  pre- 

4  miums  received  and  assessments  collected  by  such  agent  or  sub-agent 

5  or  company  within  the  state,  as  prescribed  by  law." 

Sec.  50.    Line  5,  strike  out  "two"  and  insert  "one". 

Sec.  53.   Add  to  the  end  of   the  section  the  following  words: 

2  "But  this  section  shall  not  be  so  construed  as  to  exempt  persons 

3  from  taxation  who  may  put  together  the  parts  of   such  vehicles  as 

4  may  be  manufactured  out  of  this  state". 

Sec.  64.  Line  1,  after  the  word   "thirty-eight"   add  the  words 
2  "  and  the  one  hundred  and  seventh  section  of  chapter  thirty-five  ". 

Same  section,  line  2.  For  the  word  "*V  wherever  it  occurs,  in- 
2  sert  the  word  "are". 

Add  the  two  following  as  independent  sections  under  the  general 

2  provisions  of  the  bill: 

3  "Merchant  tailors  and  all  other  persons  manufacturing  any  pro- 

4  duction  or  material,  the  sale  of  which  would  be  prohibited  without  a 

5  license,  shall  only  be  charged  so  inuch  tax  on  the  sales  as  the  value 

6  of  the  mat  trials  sold  would  bear  to  the  whole  value  of  the  manufac- 

7  tared  articles  to  be  ascertained  upon  the  oath  of  the  person  us  in 

8  other 

9  "A  license  to  manufacture  port  .  or  either  of 


28  Amendments  to  Bill  No.  118. 

10  them,  may  be  granted  by  the  commissioner  of  the  revenue,  as  in 

11  other  cases,  without  any  previous  certificate  or  order  of  the  court; 

12  hut  a  license  to  sell  the  same,  or  any  of  them,  shall  he  granted  in 

13  the  same  manner,  and  under  the  same  certificates  and  rr-trictions  as 

14  arc  required  and  imposed  for  a  license  to  sell  ardent  spiri 


BILL  No.  125. 


.*(£> 


^ 


SENAT.E    BILL. 


A   BILL 

To  legalize  proceedings  on  /Sunday  in  certain  eases. 

1.  Be  it  enacted  by  the  General  Assembly,  That  any  act  or  pro- 

2  ceeding  until  and  including  the  execution  of  the  bond  by  the  defen- 

3  dant  or  his  commitment  in  default  thereof,  authorized  by  the  act, 

4  entitled,  "An  act  allowing  bail  in  certain  cases/'  passed  31st  March, 

5  1851,  and  the  act  amendatory  thereof,  passed  16th  April,  1852,  may 

6  lawfully  be  done  or  had  as  well  on  Sunday  as  on  any  other  da  v. 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  1.27.  ^ 

CD 


SENATE   B  I  L L . 


A   BILL 

vt  bill  for  the  appointment  of  a  public  administrator  in  each  county  and 

corporation. 

1.  Be  it  enacted  by  the  General  Assembly,  That  there  shall  be 

2  appointed  in  each  county  and  corporation  by  the  county  or  corpora- 

3  tion  court  thereof,  a  public  administrator  of  the  county  or  corpora- 

4  tion,  who,  before  said  court,  shall  give  bond  payable  to  the  Common- 
G  wealth  with  sufficient  sureties,  in  a  penalty  of  not  less  than 

6  dollars,  with  condition  for  the  faithful  discharge  by  him  of  the  duties 

7  of  his  office,   and  make  oath  that  he  will  faithfully  perform  the 

8  duties  of  his  office  to  the  best  of  his  skill  and  judgment. 

2.  If  at  any  time  three  months  elapse  without  there  being  any 

2  executor  or  administrator  of  the  estate  of  a  decedent  (except  during 

3  a  contest  about  a  decedents  will  or  during  the  infanc}*  or  absence  of 

4  the  executor)  the  court  in  which  the  will  was  admitted  to  record  or 

5  which  has  jurisdiction  to  grant  administration  on  the  decedents  estate, 
<i  ^liall  on  the  motion  of  any  person,  order  the  public  administrator'  of 
7  the  county  or  corporation,  to  take  into  his  possession  the  estate  of 
x  v-,,,.1,  decedent*  and  administer  i1  reupon  such  public  ad- 


2  Bill  No.  127. 

9  ministrator  without  taking  any  other  oath  of  office  or  giving  any 

10  other  bond  or  security  than  he  may  have  before  taken  or  given,  shall 

11  be  the  administrator  <>r  administrator  <!,■  bonis  turn  of  the  decedent 
\-  with  his  will  annexed,  if  there  he  a  will,  and  shall  be  thenceforth 

13  entitled  to  all  the  rights  and  bound  to  perform  all  the  duties  of  such 

14  administrator.     The  court  may,  however,   at   any   time   afterwards. 

15  revoke  such  order  and  allow  any  other  person  to  qualify  as  executor 

16  or  administrator. 

3.  The  sureties  in  any  bond  given  under  this  act  shall  be  entitled 
2  to  the  relief  provided  for  sureties  in  chapter  146  of  the  Code. 

4.  Suits  may  be  prosecuted  on  any  bond  given  under  this  act  as 

2  on  any  bond  mentioned  in  the  ninth  section  of  chapter  thirteen  of 

3  the  Code  of  Virginia. 

5.  As  often  as  a  vacancy  may  occur  in  the  office  provided  for  in 

2  the  first  section  of  this  act,  it  shall  be  supplied  by  the  court  under 

3  that  section. 

6.  No  estate  shall  be  committed  to  the  sheriff  or  other  officer 

2  under  section  tenth  of  chapter  130  of  the   Code,  unless  there  be  a 

3  vacancy  in  the  office  provided  for  by  the  first  section  of  this  act. 

7.  This  act  shall  be  in  force  from  the  first  day  of  January  1862. 


BILL  No.  129. 


A'  i 


SENATE    BILL. 


A   BILL 

To  amend  ike  fourth  section  of  chapter  14  of  the  Code,  so  as  to  increase 
the  salary  of  the  first  clerk  in  the  Treasurer' s  office. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  fourth  sec- 

2  tion  of  chapter  14  of   the    Code  of    Virginia,   be   amended   and 

3  re-enacted  so  as  to  read  as  follows  : 

4  "§4.  The  Treasurer,  the  sum  of  two  thousand  dollars;  the  first 

5  clerk  in  his  office,  thirteen  hundred  dollars;  the  second  clerk,  seven 
0  hundred  and  fifty  dollars ;  the  third  clerk,  to  be  denominated  clerk 
7  of  the  banking  department,  eleven  hundred  and  fifty  dollars." 

2.  This  act  shall  be  in  force  from  its-  passage. 


BILL  No.  131. 


SENATE  BI LL 


A  BILL 

To  amend  the  third  and  fourth  sections  of  an  act  passed  March  15, 
1850,  to  provide  for  the  inspection  of  Guano  and  Plaster  of  Paris 
in  the  city  of  Richmond  and  town  of  Petersburg. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  third  and 

2  fourth  sections  of  the  act  passed  March  15,  1850,  entitled,  "An  act 

3  to  provide  for  the  inspection  of  guano  and  plaster  of   paris  in  the 

4  city  of  Richmond  and  town  of  Petersburg,"  be  amended  and  re-en- 

5  acted  so  as  to  read  as  follows : 

6  "  §  3.  From  and  after  the  passage  of   this  act,  it  shall  not  be 

7  lawful  to  sell  or  expose  or  offer  for  sale,  any  guano  or  ground  plas- 

8  ter  of  paris,  ground  beyond  the  limits  of  the  State  of  Virginia, 

9  within  the  limits  of  the  city  of  Richmond  or  city  of  Petersburg, 

10  whether  the  same  be  in  barrels,  bags,  kegs  or  casks,  unless  the  same 

11  shall  have  been  first  inspected  and  marked  by  the  inspectors  ap- 

12  pointed  by  virtue  of  this  act,  or  some  one  of  his  deputies  legally 
18  appointed,  under  the  penalty  of  twenty  dollars  for  each  and  every 
11  violation  of  this  act,  to  be  recovered  by  action  of  debt  In  the  name 
15  of  the  Commonwealth  of  Virginia,  before  any  justice  of   the   | 


2  Bill  No.  I:J1. 

16  in  and  for  the  city  of  Richmond  or  city  of  Petersburg,  the  one  half 

17  to  the  use  of  the  informer,  the  other  half  to  the  use  of  the  Literary 

18  fund;  and  that  all  proceedings  before  said  justice  shall  be   Buch  ;is 

19  are  now  authorized  by  law  in  cases  of   small   debts   under  his  juris- 

20  diction. 

21  "§4.  It  shall  be  the  dnty  of  the  inspector  appointed  by  virtue 

22  of  this  act,  to  inspect  all  guano  and  ground  plaster,  ground  beyond 

23  the  limits  of  the  State  of  Virginia,  which  may  hereafter  be  exposed 

24  or  offered  for  sale,  or  sold  within  the  limits  of   the   city  of    Rich- 

25  mond  and  city  of  Petersburg,  whether  the  same  be  contained  in  ba^i, 

26  barrels,  kegs  or  casks,  and  to  put  proper  marks  on  the  same,  denoting 

27  the  place  of  inspection  and  the  quality  and  weight  of  guano  or  plas- 

28  ter  of  paris  contained  in  each  bag,  barrel,  keg  or  cask,  making 

29  proper  allowance  for  the  weight  of  the  bag,  barrel,  keg  or  cask  in 

30  which  said  guano  or  plaster  of  paris  may  be  contained,  according  to 

31  the  best  of  his  judgment." 

2.  This  act  shall  be  in  force  from  its  passage 


/ 


BILL  No.  132. 


e> 


SENATE     BILL 


A    BILL 

To  limit  the  right  to  make  an  entry  or  bring  an  action  to  recover  lands 
or  the  possession  thereof,  west  of  the  Alleghany  mountains. 
1.    Be  it  enacted  by  the  General  Assembly,  as  follows:  No  per- 

2  son  shall  make  an  entry  on  or  bring  an  action  to  recover  any  land 

3  lying  west  of  the  Alleghany  mountains,  but  within  ten  years  next 

4  after  the  time  at  which  the  right  to  make  such  entry,  or  to  bring 

5  such  action,  shall  have  first  accrued  to  himself  or  to  some  person 
i 

6  through  whom  he  claims. 

-.    If  at  the  time  at  which  the  right  of  any  person  to  make  an 

2  entry  on,  or  bring  an  action  to  recover,  any  such  land  shall  have 

3  first  accrued,  such  person  was  an  infant,  married  woman  or  insane, 

4  then  such  person,  or  the  person  claiming  through  him,  may,  not- 

5  withstanding  the  period  of  ten  years  sliall   have  expired,  make  an 

6  entry  on.  or  bring  an  action  to  recover  such  land,  within  seven  years 

7  next  after  the  time  at  which  the  person  i<»  whom   such  right  shall 

8  have  first  accrued,  as  aforesaid,  shall  have  ceased  t<>  lie  under  such 
!•  disability  ae   existed  when  tli«'  same  so  accrued,  or  shall  hare  died, 

In  whichever  Bhal]  first  have  happened. 


2  Bill  No.   LS2. 

3.  »No  person  shall  make  Buch  entry  or  bring  such  action,  but 
•  2  within  twenty-five  years  next  after  the  time  al  whicb  such  right  shall 

8  have  first  accrued  to  him  or  Borne  person  from  whom  he  shall  have 

4  derived  Buch  right,  although  Buch  person  may  have  been  onder  such 

5  disability  at  Buch  time,  and  bo  remained  during  the  whole  of  such 
G  twenty-five  years,  or  Buoh  seven  year,-,  as  aforesaid,  may  not  have 
7  expired.     And  if  any  person  having  been  under  any  such  disability 

the  time  at  which  such  right  first   accrued  to  him,  shall  marry, 
[)  become  insane,  transfer  such  right  or  die,  no  time  to  make  such 

10  entry  or  bring  Buch  action  shall  be  allowed,  because  of  such  new 

11  disability,  or  any  disability  of  any  person  who  shall  have  derived 

12  BUOh  right  from  such  person  to  whom  the  same  first  accrued. 

4.  Nothing   herein   shall    aiVcci  any  action    now  pending,  or  prc- 

'J.  vent  the  making  of  any  suob  entry,  or  bringing  of  an}  Mich  action 

.']    within  two  years  next  after  the  passage  hereof:    but  every  such  action 

4  now  pending,  and  every  such  entry  ot  action  that  may  hereafter  he 

5  mad,-  or  brought  within  the  las!  mentioned  time,  shall  he  governed 
ti  by  the  law  existing  immediately  before  the  passage  hereof.     Nothing 

7  in  the  nineteenth  section  of  the  one  hundred  and  forty-ninth  chapter 

8  of  the  Code   of  Virginia  shall   allow  or   prevent   any  such   entry  or 

9  action  to,  or  from  being  made  or  brought,  after  the  expiration  of  the 

10  said   last   mentioned   time,  which  by  the    provisions    hereof  shall   ho 

11  allowed  or  prevent*  d. 

f).    This  act  shall  be  in  force  from  its  passage, 


BILL  No.  138.  ix 


*)> 


vS? 


S  E  N  ATE   13 1  L  L 


A   BILL 

To  amend  the  tu'enti/-t/iird  section  of  the  Qiltt  chapter  of  the  Code,  enti- 
tled, "Of  Works  of  internal  Improvement." 
1.  Be  it  enacted  by  the  General  Assembly,  That  section  twenty- 
2  three  of  chapter  sixty-one  of  the  Code,  is  hereby  amended  and  re- 
8  enacted  so  as  to  read  as  follows! 

4  *'§23.   A  collector  of  tolls  for  any  company  may  refuse  to  let 

5  any  person  or  thing  pass  on  the  company's  work  until  the  toll  be 
H  paid.     [And  such  collector   or   other  authorized  officer  of  the  com- 

7  pany  may  examine  upon  oath  or  affirmation  any  person  having  charge 

8  of  any  vessel,  merchandize  or  thing  subject  to  tolls  or  compensation 
!>  for  the  purpose  of  ascertaining  the  quantity  or  amount  thereof;  for 

10  which  purpose  such  collector  or  other  officer  may  administer  an  oath 

11  or  affirmation  ;  and  any  person  answering  falsely  upon  such  examina- 

12  tion   shall  be   liable   to   prosecution  and  punishment  for  perjury  as 
18  provided  by  law.]     If  any  person  or  thing  pass  the  toll-gate  or  other 

14  place  for  payment  without  paying  or  tendering  the  toll,  such  person, 

15  or  the  owner  or  person  in  possession  of  such  thing,  shall  forfeit  to 

16  the  company  ten  dollars.     And   the  like  forfeiture  shall  be  incurved 


2  Bill  No.   138. 

17  where  any  person  or  thing  subject  to  the  toll  of  a  turnpike  company 

18  is  passed  through  any  private  gate,  bars  or  fence,  i*<»i*  the  purpose  of 

19  evading  the  payment  of  the  toll.    -Any  such  collector  knowing  of  a 

20  violation  of  this   section,  shall  immediately  make   it   known  to  the 

21  president  or  one  of  the  directors.     If  he  fail  so  to  do,  he  shall  for- 

22  feit  to  the  company  twenty  dollars ;    which  may,  if  so  much  of  his 

23  compensation  remain  unpaid,  be  deducted  therefrom." 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  142.  \S 


SENATE   BILL. 


A    BILL 

For  the  relief  of  the  Orange  and  Alexandria  railroad  company. 

1.  Be  it  enacted  by  the  General  Assembly,  That  it  shall  be 
2  lawful  for  the  Orange  and  Alexandria  railroad  company  to  pay  such 
8  temporary  arrearages  as  may  be  now  due,  or  become  due  to  the  State 

4  within  two  years  next  ensuing  after  the  passage  of  this  act,  in  the 

5  bonds  of  said  company,  which  bonds  are  secured  by  mortgage,  and 

6  bear  interest  at  the  rate  of  eight  per  centum  per  annum. 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  144. 


SENATE    BILL. 


A    BILL 

To  incorporate  the  National  Railroad  Company. 

1.    Be  it  enacted  by  the  General  Assembly,  That  the  directors 
[  2  of  the  Manassa  gap  railroad  company,  and  such  person  or  persons 

3  as  may  be  authorized  by  them,  may  open  books  of  subscription  at 

4  such  times  and  places  as  they  deem  expedient,  and  when  five  hun- 

5  dred   thousand  dollars   shall   be   subscribed,  the   subscribers   may 
G  organize  a  company  by  the  election  of  five  or  more  directors  under 

7  the  name  and  style  of  the  "National  railroad  company,"  under 

8  which  name  and  style  they  may,  and  they  arc  hereby  authorized  and 

9  empowered  to  construct,  own  and  maintain  a  railroad  from  such 

10  point  on  the  Manassa  gap  railroad  to  such  point  on  the  Ohio  river 

11  at  or  near,  or  above,  Letart  Falls,  as,  after  careful  exploration  and 

12  survey,  they  may  select,  with  such  branch  railways  connecting  their 

13  main  stem  with  the  towns  of  Clarksburg  and  Parkersburg,  and  such 

14  other  towns  and  mines  and  manufactories  within  fifty  miles  of  their 
ir>  main  stem,  as  in  their  discretion  the  said  company  may  wish  to  con- 


2  Bill  No.  144. 

16  struct;  and  the  subscribers  may  pay  their  subscriptions  with  lands 

17  or  with  money,  as  may  be  agreed  on  between  them  and  thc-directors 

18  of  the   said   company:    and   the   company  may  take,  have,  possess 

19  and  acquire  by  gift,  grant  or  purchase  any  property  and  estate,  real 

20  or  personal,  and  the  same  may  use,  lease,  let,  mortgage,  sell,  transfer 

21  and  convey,  as  other  owners  of  such  property  and  estate  may  do. 

2.    The  said  company  and  the  Manassa  gap  railroad  company 

2  may  be  united  and  consolidated,  and  they  arc  hereby  authorized  and 

3  empowered  to  unite  and  consolidate  under  such  name  as  they  may 

4  adopt,  the  terms  of  such  union  to  be  arranged  by  contract,  which 

5  contract  shall  be  approved  by  a  meeting  of  the  shareholders;  and 

6  the  National  railroad  company  and  the  consolidated  company,  under 

7  the  name  adopted  as  aforesaid,  shall  have  all  the  rights,  powers  and 

8  privileges  which  may  pertain  to  either  of  them  and  to  the  Manassa 

9  gap  railroad  company,  and  all  such  as  may  be  necessary  or  proper 

10  for  them  to  have  as  a  company  organized  for  the  purposes  stated  in 

11  their  respective  acts  of  incorporation,  and  in  the  general  and  special 

12  acts  of  Assembly  in  reference  thereto ;  and  may  make  a  redistribu- 

13  tion  of  their  capital  into  shares,  not  exceeding  one  hundred  dollars 

14  each,  in  accordance  with  the  actual  cash  value  of  the  respective 

15  shares,  to  be  agreed  upon  by  contract,  as  aforesaid:  and  the  direc- 

16  tors  may  from  time  to  time  increase  their  capital  to  an  amount  equal 

17  to  the  cost  of  the  construction  and  equipment  of  their  said  roads 

18  and  branches,  and  of  the  other  property  and  estate  of  the  company, 


Bill  No.  144.  3 

19  and  may  regulate  the  manner  in  which  the  shares  shall  be  trans- 

20  ferred  on  the  books  of  the  company. 

3.    This  act  shall  be  in  force  from  its  passage,  and  be  subject  to 
'2  any  alteration,  modification  or  repeal  at  the  pleasure  of  the  General 
3  Assembly. 


BILL  No.  145. 


SENATE    BILL. 


A   BILL 

To  amend  the  ninth  section  of  an  act  passed  March  24,  18-48,  entitled^ 
"  An  act  to  incorporate  the  Lynchburg  and  Tennessee  railroad  com- 
pany." 

1.  Bo  it  enacted  by  the  General  Assembly,  That  the  ninth  sec- 

2  tion  of  an  act  passed  March  24,  1848,  entitled,  "An  act  to  incor- 

3  porate  the  Lynchburg  and  Tennessee  railroad  company,"  be,  and 

4  the  same  is  hereby  amended  and  re-enacted  so  as  to  read  as  follows: 

5  "§9.  The  said  common  council  of  the  town  and  corporation  of 
G  Lynchburg,  shall  have  power  and  authority  to  assess  and  collect 

7  taxes  upon  the  lands,  property   and  persons   of    all  persons   within 

8  the  town  proper,  and  the  corporation  for  half   a  mile  about  and 

9  beyond  its  present  tax-paying  limits,   for  the  foregoing  purposes 

10  only:  provided,  that  the  assessments  so  made  shall  be  equal,   and 

11  that  this  section  shall  not  be  construed  to  apply  to  the  lands,  prop- 

12  erty  and  persons  of  individuals  residing  in  the  county  of   Amherst 

13  and  within  the  said  limits  of  b:ilf  a  mile." 


T 


<V°         „r\ 


BILL  No.  149. 


SENATE  BILL. 


A  BILL 

To  enforce  payment  of  balances  due  from  commissioners  of  forfeited 

and  delinquent  lands. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Auditor  of 

2  Public  Accounts  shall  cause  to  be  collected,  of  the  commissioners  of 

3  forfeited  and  delinquent  lands,  any  balances  due  from  them  for  lands 

4  sold  by  them  as  such  commissioners,  under  the  orders  and  decrees  of 

5  any  of  the  circuit  courts  of  the  counties  west  of   the  Alleghany 
G  mountains. 

2.  And  be  it  further  enacted,  That  upon  the  failure  of  any  such 

2  commissioners  to  pay  such  balances,  with  the  proper  interest  thereon, 

3  into  the  treasury,  it  shall  be  the  duty  of  the  Auditor  to  cause  suits 

4  to  be  instituted  in  the  circuit  courts  of  the  counties  in  which  such 

5  commissioners  may  have  been  appointed,  against  such  commissioners 
(!  and  their  sureties,   so   in   default,  his  or  their  personal  representa- 

7  tives,  for  the  recovery  of   such  balance  and  interest  as  aforesaid. 

8  Said  proceedings  may  be  instituted  by  a  motion  in  said  court,  but  at 
0  least  thirty  days'  notice  shall  be  given  to  the  parties  against  whom 

10  such  motion  .shall  be  made,  and  shall  be  served  in   the   manner  now 


2  Bill  No.  149! 

11  required  by  law  for  the  service  of  notice?.     And  it  shall  be  the  duty 

12  of  such  court  to  cause  to  be  ascertained,  the  amount  for  which  such 

13  commissioner  may  or  may  have  been  liable  for  as  Buch  commissioner, 

14  together  with  the  interest  thereon,   and  render  B  judgment,   in  the 

15  name  and  favor  of  the  Commonwealth,  against  the  parties  so  brought 
1G  before  the  court  by  such  notice,  which  shall   be  collected  and  paid 

17  into  the  treasury,  to  the  credit  of  the  Literary  fund.     The  procccd- 

18  ings  in  all  other  respects  shall  be  the  same  as  in  proceedings  against 

19  sheriffs  and  other  officers  in  default  to  the  Commonwealth ;  and  the 

20  right  of  appeal  shall  be  the  same. 

3,  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  150.  rt> 


0^* 


f'oy 


SENATE    BILL. 


A   BILL 

To  prevent  abuses  of  the  telegraph. 

1.  Be  it  enacted  by  the  General  Assembly,  That  any  person 

2  who  shall  wilfully  transmit,  or  cause  or  procure  to  be  transmitted, 

3  by  means  of  any  telegraph  line,  from  any  place  within  this   State, 

4  to  any  place  within  or  without  this  State,  any  message,  despatch  or 

5  communication,  containing  any  false  or  untrue  statement,  shall  be 

6  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 

7  be  punished  by  fine  not  exceeding  five  hundred  dollars  nor  less  than 

8  fifty  dollars,  or  by  imprisonment  in  the  common  jail  for  not  less 
(.»  than  ten  days  nor  more  than  three  months,  or  by  both  such  fine  and 

10  imprisonment,  as  the  court  may  direct. 

2.  Be  it  further  enacted,  That  the  telegraph  company  by  whose 

2  line  sucli  false  or  untrue  statement  shall  be  transmitted,  shall  be  liable 

3  to  a  penalty  not  less  than  fifty  nor  more  than  five  hundred  dollars  : 

4  provided,  that  if  such  company  shall  have  kept  a  copy  or  record  of 

5  the  message,  despatch  or  communication  containing  the  false  or 
<!  untrue  statement,  together  with  the  name  of  the  person  transmitting 
7  or  causing  the  same  to  be  transmitted,  and  shall  furnish  and  disclose 


2  Bill  No.  150. 

8  tlic  same  to  the  satisfaction  of  the  court,  it  shall  be  laAvful  for  the 

0  court  to  remit  such  penalty. 

3.  And  be  it  further  enacted,  That  all  fines  imposed  by  any 

2  court  under  this  act,  shall  be  for  the  benefit  of   the  informer,  or,  in 

3  case  he  shall  disclaim  the  same,  for  the  benefit  of  the  Literary  fund ; 

4  and  such  informer,  making  such  disclaimer,   shall  be  a  competent 

5  witness  in  the  case. 


BILL  No.  156. 


"V 


SENATE  BILL. 


A   BILL 

Authorizing  a  loan  to  the  Dismal  Swamp  Canal  company. 

1.  Be  it  enacted  by  the  General  Assembly,  That  it  shall  be  raw- 

2  ful  for  the  Board  of  Public  Works,  and  they  are  hereby  authorized 

3  and  required  to  loan  to  the  Dismal  Swamp  canal  company  the  sum 

4  of  fifty  thousand  dollars,  to  be  expended  in  the  completion  of  said 

5  canal;  the  said  amount  to  be  advanced  in  monthly  instalments  of 

6  eight  thousand  three  hundred  and  thirty-three  dollars  and  thirty- 

7  three  and  one-third  cents,  commencing  on  the  first  clay  of  April,  one 

8  thousand  eight  hundred  and  sixty-one. 

2.  That  the  Board  of  Public  Works  shall  have  the  authority, 

2  and  are  hereby  required  to  raise  the  said  sum  of  fifty  thousand 

3  dollars,  in  the  manner  and  form  provided  by  law  :  provided,  however, 

4  that  no  payment  of  money  shall  be  made  by  the  said  Board  of  Public 

5  Works,  until  the  said  Dismal  Swamp  canal  company  shall  have  exe- 

6  cuted  and  delivered  to  the  said  board,  security  for  the  payment  of 

7  principal  and  interest  of  said  loan,  in  the  form  of  a  mortgage  or  other 

8  specific  lien,  to  the  satisfaction  of  said  board  on  all  net  tolls,  receipts 
i*  property,  real  and  personal  of  the  said  company,  or  so  much  thereof  and 


2  Bill  No.   L56. 

10  as  the  said  board  may  deem  ample  security:  and  provided,  moreover, 

11  that  the  said  company  shall,   semi-annually  pay  into  the  treasury  of 

12  the  State  three  and  one-half  per  centum  on  the  loan  of  fifty  thou- 

13  sand  dollars  or  so  much  thereof  as  may  have  been  paid  over  by  said 

14  Board  of  Public  Works  to  said  company,  for  the  payment  of  the 

15  interest  and  extinction  of  the  principal  of  said  loan  until  it  shall  be 
10  finally  discharged. 

3.  That  in  the  event  of  default  of  the  punctual  payment  of  the 

3  interest  which  shall  accrue  upon  the  loan  hereby  authorized;  the 

4  Board  of  Public  "Works  are  hereby  empowered  and  directed,  after 

5  giving  thirty  days  notice  of  such  intention  on  their  part,  to  take  pos- 

6  session  of  the  canal  and  other  property  of  said  company  and  to  hold 

7  and  use  the  same  until  all  arrears   of  interest  shall  be  paid  off  and 

8  extinguished  out  of  the  net  tolls  and  receipts  so  derived,  and  shall 

9  then  return  said  canal  and  other  property  to  the  proper  authorities 

10  of  said  company :  provided,  moreover,  that  the  said  Dismal  Swamp 

11  canal  company,  may  at  any  time  discharge  the  debt  hereby  created, 

12  by  paying  into  the  treasury  of  the  State  any  balance  of  principal 

13  and  interest  then  unpaid. 

4.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  102. 


SENATE   BILL. 


A    BILL 

To  amend  the  forty-third  section  of  chapter  26  of  the  Code. 

1.  Be  it  enacted  by  the  General  Assembly,   That  the  forty-third 

2  section  of  chapter  26  of   the   Code  of   Virginia,   be   amended  and 

3  re-enacted  so  as  to  read  as  follows : 

4  "  §  43.  For  the  further  encouragement  of  volunteers,  every  offi- 

5  cer  and  member  of  any  volunteer  corps,  except  merely  contributing 

6  and  honorary  members,  and  except  also  the  officers  and  members  of 

7  volunteer  corps  in  the  counties  of  New  Kent,   Charles   City,   James 

8  City,  York,  Warwick,  Elizabeth  City  and  the  city  of  "Williamsburg, 

9  shall,  during  his  membership,  be  exempt  from  serving  upon  any  jury 

10  except  grand  juries.     But  to  guard  against  persons  becoming  mem- 

11  bers  of  the  said  volunteer  corps,  for  the  purpose  of  avoiding  serving 

12  on  juries,  it  shall  be  the  duty  of  the  commanding  officer  of   every 

13  company  to  strike  from  the  roll  of  his  company  the  name  of  every 

14  man  who  fails  or  neglects  to  perform  any  of  the  duties  incumbent 

15  on  him  as  a  member  of  such  company;  and  he  shall  in  every  such 

16  case  notify  the  court  of  the  county,  city  or  town  in  which  the  per- 
il son  resides,  that  his  name  has  been  stricken  from  the  roll,   and  that 


2  Bill  No.  162. 

18  he  is  liable  to  perform  jury  duty.     All  militia  fines  imposed  on 

10  members  of  volunteer  companies,  shall  be  paid  into  the  treasuries 

20  and  become  the  property  of  the  respective  companies.     They  shall 

21  be  collected  and  accounted  for  by  the  sheriffs,  under  like  penalties 

22  with  other  militia  fines." 

2.   This  act  shall  be  in  force  from  its  passage. 


BILL  No.  1GC. 


SENATE   BILL 


A    BILL 

Providing  for  the  purchase  and  distribution  of  books  of  instruction  for 
the  use  of  the  military  officers  of  the  State. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Governor 

2  be  and  is  hereby  authorized  to  purchase  for  distribution  to  the  mili- 

3  tary  officers  of  the  State,  four  thousand  copies   of  the  "manual  of 

4  instruction  for  the  volunteers  and  militia   of  the  United  States," 

5  prepared  under  the  order  of  the  Executive,  by  Major  Win.  Gilham, 

6  instructor  of  tactics  and  commandant  of  cadets    of  the   Virginia 

7  Military  Institute :  provided,  that  the  said  work  can  be  purchased  at 

8  a  price  not  exceeding  one  dollar  and  fifty  cents  per  copy. 

2.  Be  it  further  enacted,  That  the  sum  of  six  thousand  dollars 

2  be,  and  the  same  is  hereby  appropriated  for  the  purchase  aforesaid, 

3  to  be  paid  out  of  the  militia  fine  fund,  so  far  as  the  same  may  be 

4  sufficient,  otherwise  out  of  any  money  in  the  treasury  not  otherwise 

5  appropriated. 

3.  Be  it  further  enacted,  That  the  books   shall  be  so  marked  or 

2  stamped  as  to  designate  them  as  the  property  of  the  State,  and  the 

3  Adjutant  General  shall  cause  them  to  be  distributed  as  follows :    To 

4  the  commandant  of  each  regiment  of  the  line  of  volunteers  and 


2  Bill  No.  1GG. 

5  battalion  of  volunteer?,  as  many  copies  as  shall  he  sufficient  to  fur- 

6  nish  one  to  each  field  officer,  and  one  to  the  captain  of  each  troop 

7  and  company  for  the  joint  use  of  the  officers  of  such  troop  and  com- 

8  pany.     Every  officer  to  whom  the  work  shall  be  delivered,  shall  give 

9  a  receipt   for  the  same,  binding  himself  to  return  it  whenever  his 

10  commission  shall  be  vacated  or  whenever  required  by  the  State, 

11  which  receipt  shall  be  good  against  such  officer  or  his  estate.     The 

12  commandant  of  each  regiment  or  battalion  shall  deposit  the  receipts 

13  taken  by  him  as  herein  required,  in  the  clerk's  office  of  the  county  or 

14  city,  and  forward  the  clerk's  receipt,  together  with  a  list  of  the  re- 

15  ceipts  deposited  with  him,  to  the  Adjutant  General. 

4.  Any  commandant  of  a  regiment  or  battalion  failing  so  to  dis- 

2  tribute  and  take  receipts  as  herein  directed,  shall  incur  a  fine  of  not 

3  less  than  twenty  dollars  nor  more  than  one  hundred.     And  any  offi- 

4  cer  failing  to  return  the  book  or  books  delivered  to  him,  shall  incur 

5  a  fine  of  ten  dollars,  to  be  assessed  as  directed  by  the  militia  law. 

5.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  16S.  -?■ 


n*' 


SENATE     BILL 


A   BILL 

Amending  sectmi  6  of  chapter  138  of  the  Code. 
1.  Be  it  enacted  by  the  General  Assembly,  That  section  6  of 

2  chapter  138  of  the  Code,  be  amended  to  read  as  follows : 

3  "  §  6.  If  any  tenant  renting  for  a  less  term  than  one  year,  from 

4  whom  rent  is  in  arrear  and  unpaid,  shall  desert  the  demised  premises, 

5  and  leaves  the  same  uncultivated  or  unoccupied,  or  refuses  or  fails 

6  to  pay  such  rent  when  due,  and  there  not  being  any  goods  thereon 

7  subject  to  distress  sufficient  to  satisfy  the  said  rent,  the  lessor  or  his 

8  agent  may  post  a  notice  (in  case  of  a  desertion  of  the  premises),  in 

9  writing,  upon  a  conspicuous  place  of  the  premises,  requiring  the 

10  tenant  to  pay  the  said  rent  within  ten  days ;  and  if  not  paid  in  that 

11  time,  the  lessor  or  his  agent  shall  be  entitled  to  possession,  and  may 

12  enter  thereon.     But  if  the  said  demised  premises  is  occupied,  and 

13  the  tenant  fails  or  refuses  to  pay  the  rent  in  arrears,  in  accordance 

14  with  the  contract,  and  there  not  being  any  goods  on  the  premises 

15  subject  to  distress  sufficient  to  pay  the  same,  the  lessor  or  his  agent 

16  may  cause  a  notice  to  be  served  on  the  said  tenant,  requiring  him  to 

17  appear  before  some  justice  of  the  peace,  who  shall,  if  he  is  satisfied 


2  Bill  No.  168. 

18  that  such  tenant  is  in  arrear,  and  refuses  payment,  cause  possession 

19  to  be  delivered  to  the  lessor  or  his  agent,  by  directing  any  consta- 

20  ble  or  other  officer  to  give  such  possession  by  ejecting  the  said 

21  occupant. 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  170. 


SENATE    BILL. 


A  BILL 

Amending  the  charter  of  Black  Lick  and  Plaster  Bank  turnpike 

company. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 

2  president  and  directors  of  the  Black  Lick  and  Plaster  Bank  turn- 

3  pike,  be  authorized  to  extend  said  road  from  some  convenient  point 

4  on  the   Walkers    creek   and   Holston   turnpike,    in  the  county  of 

5  Wythe,  to  the  Tazewell  courthouse,  Marion  and  Rye  valley  turn- 

6  pike,  on  Clinch  mountain,  in  the  county  of  Tazewell. 

2.  The  second  section  of  the  act  providing  for  constructing  the 

2  Black  Lick  and  Plaster  Bank  turnpike  road  in  Wythe  and   Smyth 

3  counties,  is  hereby  amended  and  re-enacted  so  as  to  read  as  follows: 

4  "  §  2.  The  whole  line  of  said  road  shall  be  divided  by  the  courts 

5  of  directors  into  two  divisions,  the  one  within  and  through  a  portion 

6  of  the  county  of  Wythe,  as  now  constructed,  and  the  other  to  be  a 

7  branch  of  the  first,  running  from  the  plaster  banks,  or  Chatham  hill, 

8  in  the  county  of  Smyth,  to  the  Blue  springs,   crossing  Walkers  big 

9  mountain,  at  Tilsons  gap,  and  passing  by  Mount  Airy  depot ;  and 
10  the  directors  shall  -compute  what  part  of  the  total  sum,  estimated  as 


'J  Bill  No.  170. 

11  the  cost  of  the  -whole  road,  not  exceeding  sixteen  thousand  dollars, 

12  will  be  required  for  the  construction  of  each  division.     The   B 

13  of  Fublic  Works  shall  subscribe,  on  behalf  of  the  State,  for  three- 

14  fifths  of  the  Bum  estimated  for  each  or  cither  of  said  divisions,  when 

15  said  hoard  shall  be  satisfied  that  two-fifths  of  the  sura  estimated  for 

<-h  division  lias  been  subscribed  by  the  court  of  the  county  within 

IT  which  the  same  may  lie,  or  by  solvent  individuals.     Neither  of  said 

18  counties  shall  he  required  to  pay  any  part  of  the  cost  of   said  road 

19  lying  within  the  limits  of  the  other  county." 

3.  Be  it  further  enacted,  That  the  branch  road  hereby  author- 

2  ized,  shall  be  constructed  at  a  width  of  not  less  than   twelve   feet, 

3  and  a  grade  not  exceeding  five  degrees ;  and  that  this  act  shall  not 

4  increase  the  appropriation  already  made  on  the  part  of  the  State. 

4.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  171. 


,4/1     -'(5 


Y* 


SENATE    BILL. 


A   BILL 

To  amend  the  102d  and  103d  sections  of  an  act  passed  March  30, 1860, 

entitled,  "An  act  for  the  assessment  of  taxes  on  persons  and  property. 

1.    Be  it  enacted  by  the  General  Assembly,  That  the  102d  and 

2  103d  sections  of  an  act  passed  March  30,  1860,  entitled,  "An  act 

3  for  the  assessment  of  taxes  on  persons  and  property,"  be  and  the 

4  same  are  hereby  amended  and  re-enacted,  so  as  to  read  as  follows : 

5  "§102.    But  any  person  aggrieved  by  any  entry  in  either 

6  book,  or  by  any  assessment  of  a  license  tax,  may,  within  one  year 

7  after  the  date  of  the  clerk's  certificate,  where  the  entry  is  in  either 

8  book,  and  within  one  year  from  the  assessment  of  said  license  tax, 

9  apply  for  relief  to  the  court  in  which  the  commissioner  gave  bond 

10  and  qualified.     The  attorney  for  the  Commonwealth  shall  defend  the 

11  application,  and  no  order  made  in  favor  of  the  applicant  shall  have 

12  any  validity,  unless  it  be  stated  on  the  face  thereof  that  such  attor- 

13  ney  did  so  defend  it,  and  that  the  commissioner  was  examined  touch- 

14  ing  the  application;  provided,  that  any  person  who  may  have  been 

15  heretofore  aggrieved  by  any  entry  or  assessment,  as  aforesaid,  and 

16  failed  to  apply  to  the  court  having  jurisdiction  thereof,  within  the 


2  Bill  No.  171. 

17  time  prescribed  by  law,  may  apply  to  Buch  court  within  two  years 

18  from  the  passage  of  this  act,  and  be  relieved  as  if  said  application 

19  had  been  made  within  the  period  aforesaid. 

20  "§103.    If  the  court  lie  satisfied  that  the  applicant  is  erro- 

21  neously  charged  in  such  book,  or  so  assessed  with   any  taxes  on 

22  licenses,  it  shall  certify  the  facts  upon  which  it  grants  relief,  and 

23  shall  order  that  the  applicant  lie  exonerated  from  the  payment  of 

24  so  much  as  is  erroneously  charged,  if  not  already  paid,  and  if  paid, 
2">  that  it  be  refunded  to  him:  a  copy  of  Avhich  order  and  certificate  of 

26  facts  shall,  within  ten   days  after  the  entry  thereof,  be  transmitted 

27  by  the  elerk  of  the  court  to  the  Auditor  of  Public  Accounts,  and  on 
2*  failure  thereof,  he  shall  forfeit  double  the  amount  so  erroneously 

29  charged;  to  be  recovered  on  motion  or  by  information,  in  the  county, 

30  corporation  or  circuit  court  of  the  county,  city  or  town." 

2.    This  act  shall  be  in  force  from  its  passage. 


BILL  No.  177.  ^% 


QJ 


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A   BILL 

Authorizing  a  loan  to  the  Weston  Military  College. 
1.  Be  it  enacted  by  the  General  Assembly,  That  the  board   of 

2  the  Literary  fund  be,  and  they  arc  hereby  authorized  and  directed, 

3  to  lend,  for  a  period  of  twenty  years,  from  the  capital  of  said  fund 

4  (Avhenever  there  shall  be  such  an  amount  at  their  disposal),  to  the 

5  Weston  military  college,  at  an  interest  of  six  per  centum  per  annum, 
G  the  sum  of  five  thousand  dollars,  or  any  less  sum  which  the  said 

7  college  may  require :  provided,  that  the  said  college  shall  secure  to 

8  the  said  board  of  the  Literary  fund,  the  repayment  of  the  principal 

9  of  the  sum  so  loaned,   together  with  interest  thereon  at  the  rate 

10  aforesaid,  to  be  paid  semi-annually,  by  a  lien  on  the  lands  and  build- 

11  ings  of  said  college  :  and  the  said  board  shall  have  the  right,  at  any 

12  time,  to  demand  additional  security,  whenever,  in  their  opinion,  such 

13  additional  security  may  be  deemed  necessary. 

2.  If  the  said  college  shall  fail  to  pay  the  semi-annual   interest 

2  which  is  herein  provided  for,  it  shall  be   the  duty  of   said  board  to 

3  take  the  necessary  steps  to  collect  the  same,  as  often  as  default  may 

4  be  made,  and  to  collect  the  principal  of   the  sum  so   loaned  at  the 
■~>  expiration  of  the  said  twenty  year>. 

3.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  178.  ^7V 


'C* 


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A   BILL 

Authorizing  the  Board  of  Directors  of  the  Penitentiary  to  make  certain 
regulations  in  relation  to  that  institution. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  board  of 

2  directors  of  the  Penitentiary  be,  and  they  arc  hereby  authorized 

3  and  directed  to  divide  ward  No.  1  in  said  institution  into  two  wards, 

4  and  to  make  in  consequence  thereof,  such  division  of  labor  and  work 

5  in  each  of  the  wards  thus  made,  as  the  said  board  shall  direct.  The 
C  numbers  of  the  remaining  wards  shall  be  changed  to  conform  to  the 
7  alteration  herein  required. 

2.  Hereafter  there  shall  be  an  additional  assistant  keeper,  to  be 

2  denominated  the  eighth  assistant  keeper,  who  shall  be  appointed  in 

3  the  manner  prescribed  for  the  other  assistant  keepers.     He  shall 

4  perform  such  duties  as  the  superintendent  shall  assign  to  him,  and  be 

5  entitled  to  such  compensation  as  is  allowed  to  the  seventh  assistant 
f!  keeper,  to  be  paid  quarterly  out  of  the  public  treasury  as  other 
7  salaries  are  paid. 

3.  The  said  board  of  directors  shall  cause  the  cells  appropria- 

2  ted  to  the  prisoners,  to  be  heated  with  suitable  flues  in  such  manner 

3  as  to  them  shall  seem  proper,  the  costs  of  which  shall  be  defrayed 

4  by  the  said  institution. 

4.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  188,  "$' 


4> 


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A    BILL 
To  provide  temporary  aid  to  the  Penitentiary. 
1.    Be  it  enacted  by  the  General  Assembly,  That  the  sum  of 
2  fifteen  thousand  dollars  be,  and  the  same  is  hereby  appropriated  out 
«»  of  the  treasury,  to  aid  in  the  purchase  of  raAV  materials  for  carrying 

4  on  the  manufacturing  operations  of  the  penitentiary — the  amount  to 

5  be  paid  to  the  general  agent  in  suoh  sums  as  the  board  of  directors 
iV  may  direct..     The  board  shall  order  the  sums  so  paid,  to  be  refunded 

7  to  the  treasury  as  soon  as  the  condition  of  the  finances  of  the  peni- 

8  tentiary  will  admit. 

2»  This  act  shall  be  iu  force  from  its  passage. 


BILL  No.  191. 


$1 


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A   BILL 

To  amend  the  seventeenth  section  of  an  act  {Hissed  March  30th,  1860, 
for  the  better  organization  of  the  Militia  of  the  Commonwealth. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  seventeenth 

2  section  of  the  act  passed  March  30th,  1860,  entitled,  "An  act  for 

3  the  better  organization  of  the  militia  of  the  Commonwealth,"  be 

4  amended  and  re-enacted  so  as  to  read  as  follows : 

5  "  §  17.  Whenever  two  companies  of   cavalry,  now  or  hereafter 

6  organized  in  the  same  city,  town,   county  or  contiguous   counties, 

7  shall  agree  to  unite,  or  shall  be  ordered  by  the  Governor  of   this 

8  Commonwealth  to  unite  for  such  purpose,  and  he  is  hereby  cmpow- 

9  ered  to  give  such  order  in  his  discretion,  to  be  drilled  and  mustered 

10  together  at  the  same  time  and  place,  at  least  two  days  in  the  same 

11  year,  they  shall  constitute  a  squadron ;  and  when  mustered,  shall  be 

12  commanded  by  the  senior  officer  present  belonging  to  the  same." 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  192.  r\' 


*> 


a* 


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A  BILL 

To  amend  the  2dt7i  section  of  chapter  58  of  the  Code. 
1.  Be  it  enacted  by  the  General  Assembly,  That  the  twenty- 

2  ninth  section  of  the  58th  chapter  of  the  Code  of  Virginia  concern- 

3  ing  "banks  of  circulation,"  be  amended  and  re-enacted  so  as  to  read 

4  as  follows: 

5  "§29.  Of  the  moneys  paid  into  the  public  treasury  of  the  State, 

6  one-fourth  shall  be  deposited  in  the  Bank  of  Virginia,  one-fourth  in 

7  the  Farmers  bank  of  Virginia,  one-fourth  in  the  office  of  discount 

8  and  deposit  of  the  Exchange  Bank  of  Virginia  at  Richmond,  and 

9  one-fourth  in  the  Bank  of  the  Commonwealth.     If  cither   of  the 

10  said  banks  shall  at  any  time  refuse  to  redeem  its  bills  or  notes  in 

11  gold  or  silver  coin,  no  further  deposits  of  public  money  shall  be 

12  made  therein,  but  such  deposits  shall  be  made  in  such  of  said  banks 

13  as  continue  to  redeem  their  bills  and  notes  in  specie.     And  if  neither 
11  so  continue,  or  if  the  treasurer  shall  at  any  time  have  good  cause  to 

15  believe  that  injury  will  be  sustained  by  the  State  from  having  its 

16  money  deposited  in  the  said  banks  or  any  of  them,  he  shall  make  a 

17  written  communication  to  the  Governor  <>n  the  subject,  and  there* 

18  after  shall   keep  the  public  money  in  such  specie  paying  bank  or 


2  Bill  No.  192. 

19  banks,  or  such  other  place  as  the  Governor  may  direct,  until  further 

£0  provision  be  made  by  law.     In  the  interval  before  such  provision, 

21  moneys  to  be  paid  into  or  out  of  the  public  treasury,  may  be  re- 

22  ceived  or  paid  on  the  warrant  of  the  proper  auditor,  requiring  the 
2m  treasurer  to  receive  or  pay  the  same  without  any  deposit  being  made 
2-4  or  check  drawn  upon  a  bank  as  prescribed  by  the  forty-fifth  chapter.'' 


BILL  No.  197.  £*>    ^\,\ 


C 


SENATE   BILL 


TO    INCORPORATE 


THE  VIRGINIA  CANAL  COMPANY 


AND   TO 


TRANSFER  THE  RIGHTS  AND  FRANCHISES 


OF   THE 


AMES  RIVER  S  KANAWHA  COMPANY 


THERETO. 


CONTENTS 


Ch.    1.    Of  the  incorporation  of  the  company. 

Cu.  2.  Of  the  capital  stock.  Plow  the  stock  is  subscribed  and  paid  for.  Remedy 
against  delinquent  stockholders.  Transfers  and  issues  of  certificates  of 
stock. 

Ch.  3.  Meetings  of  stockholders.  Votes  in  meetings.  President  an  directors ;  their 
appointment,  general  powers  and  duties.  Offices  of  company.  Appointment 
of  officers  and  agents,  and  how  their  duties  and  compensation  are  prescribed. 

Ch.  4.  Of  the  power  of  the  company  to  make  preliminary  surveys ;  to  acquire  pro- 
perty and  materials.     Changes  of  location.     Connections  with  other  works. 

Ch.  5.  Of  the  general  line  of  the  improvement ;  the  sections  and  divisions  of  the 
work,  and  the  mode  of  constructing  and  repairing  the  same.  Other  works 
not  to  be  interfered  with.  Regulations  for  enlargement  of  works.  Time  for 
commencing  and  completing  works.     Guarantees  for  compliance. 

Ch.    6.    Of  the  assessment  and  collection  of  tolls,  and  regulations  relating  thereto. 

Ch.  7.  Of  dividends  and  liabilities  to  stockholders,  and  regulations  relating  thereto. 
Proceedings  to  sequester  revenues  for  failure  to  pay  dues  to  state  or  stock- 
holders. 

Ch.  8.  Regulations  for  the  inspection  of  boats  and  for  boatmen  and  others.  Harbor 
and  dock  masters.  To  prevent  the  company's  workmen  or  employee's  from 
violating  the  peace.  Exempting  them  from  working  on  other  roads  and 
from  militia  duty. 

Ch.  9.  Preventing  obstructions  and  to  facilitate  navigation  on  the  company's  water 
line,  and  to  punish  offenders. 

Ch.  10.  Returns  and  reports.  Duration  of  charter  ;  right  to  abolish  it.  "When  Jame3 
river  and  Kanawha  company  restored  to  their  rights  and  franchises. 


Bill  No.  197. 


A   BILL 

To  incorporate  the  Virginia  canal  company  and  to  transfer  the  rights 
and  franchises  of  the  James  river  and  Kanawha  company  thereto. 


CHAPTER    I. 

OF   THE    INCORPORATION   OF   THE   COMPANY. 

"Whereas  the  James  river  and  Kanawha  company,  at  their  called 

2  meeting  in  the  month  of  August  1860,  authorized  an  agreement  to 

3  be  entered  into,  and  which  was  executed  by  the  president  of  said 

4  company   in   pursuance    of  such  authority,    between   himself  and 

5  Ernest  de  Bellot  des  Minieres,  and  his  associates,  under  the  firm  and 

6  style  of  Bellot  des  Minieres,  Brothers  &  Co.,  of  France,  and  to 

7  which  the  Board  of  public  works  of  this  State  gave  its  assent,  as 

8  evidenced  by  the  signature  of  its  president  thereto ;  which  agree- 

9  ment  is  in  the  following  words: 

10  "An  Executory  Agreement,  entered  into  this  first  day  of  Septem- 

11  bcr,  in  the  year  eighteen  hundred  and  sixty,  between  Ernest  de 

12  Bellot  des  Minieres,  for  himself  and  his  associates,  under  the  firm 

13  and  style  of  Bellot  des  Minieres,  Brothers  and  Company,  of  France, 
1  i  of  the  one  part,  and  Thomas  H.  Ellis,  president  of  the  James  river 


6  Bill  No.  197. 

15  and  Kanawha  company,  for  and  on  behalf  of  the  said  company,  in 

16  pursuance  of  a  resolution  adopted  by  the  stockholders  of  said  com- 

17  pany,  in  general  meeting,  on  the  thirtieth  day  of  August,  eighteen 

18  hundred  and  sixty,  of  the  other  part,  witnesseth : 

19  "Whereas,  it  is  a  matter  of  the  highest  importance  to  the  State 

20  of  Virginia,  that  the  water  line  between  the  Chesapeake  bay  and 

21  the  Ohio  river,  which  will  open  the  great  west  and  southwest  and  its 

22  immense  trade  to  the  markets  of  the  world  by  the  shortest,  cheapest, 

23  safest  and  most  certain  route,  and  lead  to  an  incalculable  increase 

24  of  the  direct  foreign  trade  of  Virginia,   should   be  promptly  com- 

25  pleted,  the  parties  of  the  first  part  desiring  not  only  to  secure  to 

26  themselves  and  their  associates  the  profits   of  the  line  when  com- 

27  pleted,  but   to  France  the  primary  advantages  of  the  direct  trade 

28  Avith  her,  which  the  line  must  establish,  have  proposed  to  purchase 

29  the  line  from  Richmond  to  the  Ohio  river,  with  the  right  and  obliga- 

30  tion  to  complete  the  same,  and  the  president  and  directors  of  the 

31  James  river  and  Kanawha  company,  and  the  Board  of  public  works 

32  of  Virginia,  concurring  in  these  views,  and  sympathizing  strongly 

33  with  the  parties  of  the  first  part,  in  their  desire  to  establish  direct 

34  trade  with  France,  the  ancient  ally  of  the  United  States,  the  said 

35  president  and  directors  of  the  James  river  and  Kanawha  company, 

36  have  entered  into  negotiation  with  the  parties  of  the  first  part,  and 

37  have,  with  the  approbation  of  the  Board  of  public  works,  entered 

38  into  a  provisional  agreement  with  them,  as  herein  set  forth.     And 
since  it  is  necessary  to  procure  the  approval  of  the  general  assembly 


Bill  No.  197.  7 

40  to  the   said  agreement,  therefore,  subject  to  said  approval,  the  said 

41  James  river  and  Kanawha  company  do  contract  and  agree  with  the 

42  said  parties  of  the  first  part  as  follows — that  is  to  say : 

43  "1.  A  new  company  shall  be  formed  by  the  name  and  style  of 

44  'The  Virginia  Canal  Company/  with  a  capital  stock  of  not  less  than 

45  twenty,  nor  more  than  thirty-five  millions  of  dollars,  in  shares  of 

46  one  hundred  dollars  each;  to  which  shall  be  transferred  all  the  pro- 

47  perty  and  franchises  of  the  James  river  and  Kanawha  company, — the 

48  stockholders  in  the  James  river  and  Kanawha  company,  other  than 

49  the  Commonwealth  of  Virginia,  to  have  one  share  of  stock  in  the 

50  said  Virginia  canal  company  for  every  two  shares  of  stock  they  now 

51  hold;  and  the  State  to  transfer  to  the  said  Virginia  canal  company, 

52  all  her  rights  as  a  stockholder  in  the  said  James  river  and  Kanawha 

53  company,  upon  condition  that  the  new  company  perform  and  fulfill 

54  the  terms  and  conditions  hereinafter  imposed. 

55  "2.  The  Virginia  canal  company  shall  be  organized  with  a  char- 

56  ter  similar  to  the  original  charter  of  the  James  river  and  Kanawha 

57  company,  with  such  modifications  and  additions,  as  may  be  necessary 

58  and  proper  for  adapting  it  to  the  purposes  of  the  new  organization. 

59  "3.  The  Virginia  canal  company  shall  clear  out  the  deposits  in 
GO   the  present  line  from  Richmond  to  Buchanan,  and  repair  all  the 

61  present  works,  that  is,  the  embankments,  aqueducts,  bridges,  cul- 

62  verts,  waste  weirs,  locks,  dams,  houses  and  structures  of  every  kind, 

63  repairing  those  wanting  repairs  only,  and  building  anew  the  works 

64  requiring  to  be  rebuilt,   so  that  the  whole  line  from  Richmond  to 


S  Bill  No.  107. 

Co  Buchanan  shall  he  of  a  depth  of  not  less  than  five  feet  at  any  point, 

66  and  in  all  respects  in  a  perfect  state  of  repair. 

67  "4.  They  shall  keep  on  all  the  line  a  sufficient  number  of  dredge 

68  boats  to  keep  the  water  way  continually  free  from  deposit  and  ob- 

'uetions  of  every  kind,  and  a  sufficient  number  of  extra  lock  gates 

70  and  wi  ady  to  be  inserted  in  ease  of  accident.     They  shall 

7 1  likewise  have  weigh  locks  at  not  less  than  three  points  on  the  line. 

7:!  "5.  They  shall  complete  the  water  line  of  improvement  from 

73  Buchanan    to   the    Kanawha   river,    and   the   improvement   of  the 

74  Kanawha  river,  so  as  to  make  a  continuous  water  line  from  tide- 
To  water  at  Richmond  to  the  Ohio  river;  constructing  the  works  on  the 

76  general  plan  of  the  part  of  the  improvement  that  has  already  been 

77  made,  but  with  the  following  modifications,  to  wit: 

78  "The  locks  from  Buchanan  to  the  Greenbrier   river  shall  be 

79  not  less   than   one   hundred    and    twenty  feet  long  between    the 

80  gates,  by  twenty  feet  wide  in  the  clear,  and   on   the    Greenbrier 

81  and  New  rivers,  and  on  the  Kanawha  river  at  and  above  Lykcns' 

82  shoals,  not  less  than   two   hundred   feet   long   between  the  gates, 

83  by  forty    feet    wide    in    the  clear,  and  the  works  from  Buchanan 

84  to  the  foot  of  Lykens'  shoals    on   the  Kanawha  river  shall  be  so 

85  constructed  as  to  give  a  depth  of  water  of  not  less  than  seven  feet 

86  at  any  point. 

87  "The  Kanawha  river  to  be  improved  from  Lyken's  shoals  to 

88  its  mouth  in  such  manner  as  to  secure  a  depth  of  water  of  not  less 

89  than  six   feet  at  all  seasons  of  the  year;  tho  channel  through  the 


Bill  No.  197.  9 

90  shoals  to  be  eighty  feet  wide  at  the  bottom,  and  one  hundred  and 

91  four  feet  wide  at  the  top. 

92  "The  capacity  of  the  improvement  from  Richmond  to  Bu- 

93  chanan  shall  be  enlarged  by  increasing  the  depth  of  the  water  to 

94  not  less  than  seven  feet  at  any  point,  and  by  increasing  the  dimen- 

95  sions  of  all  the  present  locks  to  not  less  than  one  hundred  and 

96  twenty  feet  long  between  the  gates,  by  twenty  feet  wide  in  the 

97  clear,  or  by  doubling  the  locks,  and  making  the  new  locks  of  the 

98  dimensions  aforesaid.     But  the  increase  in  the  dimensions  or  the 
W  doubling  of  the  locks,  need  not  be  made,  until  the  locks  require 

100  reconstruction  or  the  trade  of  the  canal  shall  demand  it. 

101  "The  capacity  of  the  Tide  water  connection  and  Richmond 

102  dock  shall  be  enlarged,  so  as  to  afford  adequate  accommodation  to 

103  the  trade  of  the  line,  by  opening  a  second  communication  with  tide 

104  water  by  the  route  of  the  Haxall  canal,  or  other  suitable  route; 

105  or  instead  of  that,  enlarging  or  doubling  the  present  locks  between 

106  the  basin  and  the  dock,  as  well  as  the  present  ship  lock,  in  such 

107  manner  as  may  be  necessary  to  obtain  a  proper  result;  and  by  con- 

108  structing  all   such  other  works  as  may  be  necessary  for   enlarging 

109  the  capacity  of  the  dock  and  Tide  water  connection  for  the  pur- 

110  pose  aforesaid. 

111  "6.  The  said  Virginia  canal  company  shall  issue   to  the  re- 

112  spective  stockholders  in  the  James  river  and  Kanawha  company, 

113  other  than  the  state,  certificates  of  stock  at  the  rate  of  one  Bhare 

2 


10  Bill  No.  107. 

114  in   the  new  company,  for  every  two   shares  hehl  by  them   in   the 

115  James  river  and  Kanawha  company,  which  shall  be  full  satisfaction 

116  <>f  all  their  interest  in  the  last  mentioned  company;  anil  they  shall 

117  pay  annually  to  the  holders  of  such  certificates,  five  per  centum 

118  per  annum  on  the  amounts  thereof,  from  the  date  of  the  organisa- 

119  tion  of  the  new  company,  until  the  line  shall  be  completed  to  the 

120  Ohio  river  in  the  manner  before  mentioned,  and  thereafter  in  lieu 

121  of  the  said  five  per  cent,  shall  pay  them  their  ratable  Bhare  of  the 

122  profits  of  the  company. 

123  "7.  The  stockholders  in  the  Virginia  canal  company  shall 

124  enjoy  equal    rights,   except   as    provided    in    the    next    preceding 

125  section. 

12G  "8.  The  tolls  on  the  line  shall  be  regulated  by  the  Board  of 

127  public  works,  or  such  other  authority  as  the  general  assembly  may 

128  substitute  for  the  control  and  superintendence  of  the  public  works 

129  of  Virginia:  provided,  that  during  the  construction  of  the  work, 

130  the  tolls  shall   not  exceed  two  and  a  half  cents  per  ton    per   mile, 

131  nor  be  less   than  one  cent  per  ton   per   mile  on   merchandise   and 

132  manufactures;   shall   not   exceed  one  and  a  half  cents    per    ton  per 

133  mile,  nor  be   less   than  five  mills  per  ton  per  mile  on  agricultural 

134  products;  shall  not  exceed  one  cent  per  ton   per  mile,  nor  be  less 

135  than  two  and  a  half  mills   per   ton   per   mile  on  products  of  mines 
13G  and  forests;  and,  after  the  completion  of  the  improvement  to  the 

137  Ohio  river,  shall  not  exceed  two  cents  per  ton  per  mile,  nor  be  less 

138  than  five  mills  per  ton  per  mile  on  merchandise  and  manufactures; 


Bill  No.  197.  11 

139  shall  not  exceed  one  cent  per  ton  per  mile,  nor  be  less  than  two 

140  and  a  half  mills  per  ton  per  mile  on  agricultural  products;  and 

141  shall  not  exceed  five  mills  per  ton  per  mile,  nor  be  less  than  two 

142  and  a  half  mills  per  ton  per  mile  on  products  of  mines  and  forests : 

143  provided,  that  these  rates  shall  apply  to  the  through  rates,  but  the 

144  tolls  on  the  way  trade  may  be  increased  one-third:  and  provided, 

145  further,  that  the  toll  may  be  brought  below  the  minimum  rate  on 

146  any  article,  by  the  said  board  or  other  authority,  with  the  consent 

147  of  the  Virginia  canal  company. 

148  "9.  The  board  for  the  management  of  the  company  shall  con- 

149  sist  of  a  president  and  seven  directors,  with  the  privilege  to  the 

150  company  to  increase  the  number  of  directors  to  twelve ;  two  of  the 

151  directors    shall  be    appointed  by  the  state  of  Virginia  in  such 

152  manner  as  she  may  by  law  provide,  the  other  directors  shall  be 

153  appointed   by  the  stockholders,  and  the  president  shall  also  be 

154  appointed  by  the  stockholders,  but  his  appointment  shall  be  subject 

155  to  the  approval  of  the  state  in  such  manner  as  she  may  by  law 

156  provide. 

157  "  10.  The  office  of  the  new  company  shall  be  at  Richmond, 

158  Virginia,  but  a  branch  may  be  located  at  Paris;  the  dividends  and 

159  other  dues  to  the  American  stockholders  shall  be  paid  at  the  office 

160  in  Richmond.     But  the  dividends  and  dues  of   the  other  stock- 

161  holders  may  be  paid  in  Paris  or  elsewhere,  at  the  pleasure  of  the 

162  new  company. 

163  kk  11.   A  majority  of  the  directors  shall  always  be  present  to 


12  Bill  No.  197. 

16  I  constitute  a  board.     The  proceedings  of  the  board  shall  be  recorded 
165  in  the  English  language,  at  the  office  in  Richmond,  and  be  at  all 
16G  times  open  to  the  inspection  of  the  Stockholders,  and  the  state,  by 
1G7  such  officer  as  she  may  appoint. 
Ills  "12.   The  said    Virginia   canal    company    shall    be    organised 

169  within  six  months  from  the  passage  of  the  act  of  the  legislators 

170  incorporating  it,  and  within  the  same  time  Bhall  commence  bona 

171  fide  the  work  of  construction  at  Buchanan  and  on  the  Kanawha 

172  river,   and  shall  also  within  the  same  time  commence   bona  fide 

173  the  repairs  of  the  line  between   Richmond    and    Buchanan  ;   and 

174  shall  complete  the  construction  of  the  line  to  Covington  and  the 

175  repairs   of   the  line  from   Richmond    to  Buchanan,   within   three 

176  years  from   the   time   of    commencement   aforesaid,   and   complete 

177  the  Kanawha  improvement  from  Loup  creek  Bhoals   to  the  mouth 

178  of  the  river  within  four  years  from  the  time  of   commencement 

179  aforesaid;  and  shall  complete  the  entire  line  from  Richmond  to 

180  the  mouth  of  the  Kanawha  river,  in  all  respects,   except  the  cn- 

181  largemcnt  of  the  capacity  of  the  canal  from  Richmond  to  Bucli- 

182  anan,  within  eight  years  from  the  time  of  commencement  aforesaid, 

183  and  .shall  complete  the  enlargement  of  the  capacity  of  the  Rich* 

184  mond  dock  and  tide-water  connection,  as  well  as   the  enlargement 

185  of  the  capacity  of   the   canal  from  Richmond  to  Buchanan,   by 

186  deepening  the  canal,  as  herein  above  provided,  within  ten  years 

187  from  the  said  time  of  commencement. 

188  "  13.  The  said  company  shall  not  have  the  power,  by  mort- 

189  gage,  deed  of  trust,  or  other  contract,  to  create  a  lien  upon  its 


Bill  No.  197.  13 

190  works  and  property,  except  that  hereinafter   created  in  favor  of 

191  the  commonwealth  of   Virginia,   and  shall  not  be  competent  to 

192  sell  the   same   without   the    assent   of    the   general  assembly  of 

193  Virginia. 

194  "  14.  The  said  company  shall,  in  consideration  of  the  transfer 

195  aforesaid  by  the  state  of  Virginia  of   all  her  rights  as  a  stock 

196  holder  in  the  James  river  and  Kanawha  company,   pay  into  the 

197  treasury  of   the  state,  semi-annually   forever,  the  sum  of   sixty- 

198  seven  thousand  five  hundred  dollars;  and  as  a  guarantee  for  the 

199  faithful  compliance  with  the  stipulations  of  this  agreement,  they 

200  shall  deposit  with  the  treasurer  of  Virginia  the  sum  of  one  million 

201  of  dollars  in  the  six  per  cent,  registered  stock  of  the  common- 

202  wealth  of  Virginia,  to  be  held  by  him*  upon  the  following  terms  and 

203  conditions,  that  is  to  say :  The  interest  upon  the  said  stock,  while 

204  on  deposit,  shall  be  paid  to  the  said  company.     When  the  canal 

205  shall  have  been  completed  to  the  town   of  Covington,   and  the 

206  Kanawha  improvement  completed  from  Loup  creek  shoals  to  the 

207  mouth  of  the  river,  if  within  the  times  prescribed,  one-half  of  the 

208  said  sum  shall  be  returned  to  the  said  company;  and  when  the 

209  entire  line  shall  have  been  completed  in  the  manner  before  men- 

210  tioncd,    to   the    Ohio    river,    if  within   the   time  prescribed,  the 

211  other  half  shall  be  returned  to  the  said  company:  provided,  the 

212  annuity  to  the  state  of  Virginia,  and  the  five  per  centum  interest 

213  to  the  private  stockholders,  hereinbefore  provided  for,   shall  have 

214  been  punctually  paid  :  and  if  the  same  shall  not  have  been  punc- 


14  Bill  No.  197. 

215  tually  paid,  then  so  much  of  the  said  sum  of  one  million  of  dollars 

216  ifl  may  be  necessary,  shall  be  appropriated  to  the  payment  of  the 

217  same,  and  the  residue  returned  to  the  said  M.   de  Bellot  des  Min- 

218  iercs  and  his  associates,  or  to  the  Virginia  canal  company,   as  may 

219  be  proper;  but  if  the  Baid  company  shall  fail  to  complete  the  con- 

220  struction  of  the  line  to  Covington,  and  the  repairs  of  the  line  from 

221  Richmond  to  Buchanan,  within  three  years  from  the  time  of    the 

222  commencement   herein  prescribed,  or   shall  fail  to  complete  the 

223  Kanawha  improvement  from  Loup  creek  shoals  to  the  mouth  of  the 

224  river  within  four  years  from  the  time  of  commencement  herein 

225  prescribed,  or  shall  fail  to  complete  the  entire  line  from  Richmond 
220  to  the  mouth  of  Kanawha  river,  in  all  respects,  except  the  enlarge- 

227  ment  of  the  capacity  of*the  canal  from  Richmond  to  Buchanan, 

228  within  eight  years  from  the  time  of   commencement  herein  pre- 

229  scribed,  or  shall  fail  to  complete  the  enlargement  of  the  Richmond 

230  dock  and  tidc-wrater  connection,  as  well  as  the  deepening  of  the 

231  eanal  to  Buchanan,  within  ten  years  from  the  time  of  commence- 

232  ment  herein  prescribed,  the  said  sum  of  one  million  of  dollars  shall 

233  be  retained  and  paid  to  the  commonwealth  of  Virginia  as  stipu- 

234  lated  damages  in  money  for  such  failure ;  and  all  the  work  which 

235  may  have  been  done  in  repair  and  construction,  as  well  as  all  the 

236  rights  which  the  said  Virginia  canal  company  shall  have  acrpuired 

237  in  the  property  and  franchises  of  the  James  river  and  Kanawha 

238  company,  shall  be  forfeited,  and  revert  to  the  latter  company  as  at 

239  present  organized,  which  company  shall  be  thereupon  reinstated  in 


Bill  No.  197.  15 

240  all  its  rights,  as  if   this  arrangement  had  never  been  made,  and 

241  shall  have  full  right  and  authority  to  re-enter  upon  and  resume  the 

242  control  of  the  whole  line  of  improvement ;  and  for  that  purpose, 

243  the  present  organization  of  the  James  river  and  Kanawha  company 

244  shall  be  continued :  provided,  however,  that  if   the  said  Virginia 

245  canal  company  shall  be  unable  to   complete  the  said  water-line 
24G  improvement  from  Richmond  to  the  Ohio  river  within  eight  years 

247  as  aforesaid,  or  to  complete  the  enlargement  of  the  Richmond  dock 

248  and  Tide  water  connection,  and  deepening  of  the  canal  from  Rich- 

249  mond  to  Buchanan,  within  ten  years  as  aforesaid,  tney  may  have 

250  two  years'  extension  of  time  in  each  case,  by  paying  into  the,  trea- 

251  sury  of  the  commonwealth  of  Virginia,  for  the  said  commonwealth, 

252  before  the  expiration  of  the  said  period  of   eight  years,   a  half 

253  million  of  dollars,  if  they  require  the  extension  of  time  for  the 

254  completion  of  the  water  line  as  well  as  for  the  said  enlargement ; 

255  or  by  so  paying  one  hundred  thousand  dollars  before  the  expiration 
25G  of  ten  years,  if  they  require  the  extension  of  time  only  as  to  the 

257  enlargement  aforesaid ;  which  said  sums  are  agreed  upon  as  liqui- 

258  dated  damages  to  be  paid  to  the  said  commonwealth  in  the  contin- 

259  gencics  aforesaid,  for  the  loss  sustained  by  such  delay  or  delays  in 

260  the  completion  of   the  said  works  as  herein  required:  provided, 

261  however,  that  if  the  said  Virginia  canal  company  shall  have  pro- 

262  ceeded  in  good  faith  to  execute  the  said  works,  then  the  general 

263  assembly  may  suspend  the  said  forfeiture,  and  allow  to  the  said 

264  company  such  further  time  as  to  it  may  seem  just  and  proper,  to 

265  complete  the  said  work-. 


16  Bill  No.  107. 

266  u15.  The  paid  Bcllot  dcs  Minieres,  Brothers  and  Company 

267  shall  pay  to  the  commonwealth  of  Virginia  so  much  of  the  three 

268  hundred  thousand  dollars  of  state  bonds  appropriated  by  the  act 

269  of  the  general  assembly  of  Arirginia,  passed  March  23d,  1860,  for 

270  the  improvement  of  the  Kanawha  river,  as  shall  have  been  issued 

271  and  sold,  and  expended  bona  fide  on  the  improvement,  when  they 

272  shall  become  entitled  to  the  property  and  revenues  of  the  James 

273  river  and  Kanawha  company;  and  upon  payment  thereof,  the  said 

274  commonwealth  shall  release  the  mortgage  given  by  the  said  James 

275  river  and  Kanawha  company  on  the  said  Kanawha  improvement 
270  to  secure  the  payment  of  the  said  bonds. 

277  "  16.  As  soon  as  the  said  M.  de  Bcllot  dcs  Minieres  and  his 

278  associates  shall  have  been  regularly  incorporated  according  to  the 

279  laws  of  France  and  Virginia,  and  satisfactory  authentication  of 

280  that  fact  communicated  to  the  president  of  the  James  river  and 

281  Kanawha  company  and  the  Board  of  public  works,  and  shall  have 

282  deposited  with  the  treasurer  of  Virginia  one  million  of  dollars 

283  in  the  six  per  cent,  registered  stock  of  the  commonwealth,  and 

284  shall  have  deposited  in  one  or  more  of  the  banks  of  the  city  of 

285  Richmond,  to  the  credit  of  the  president  and  directors  of  the 

286  James  river  and  Kanawha  company,  for  the  purpose  of  paying 

287  the  floating  debt  of  the  company,  the  sum  of  four  hundred  thou- 

288  sand  dollars,  to  be  applied  to  the  payment  of  the  said  floating  debt 

289  as  far  as  necessary,  and  the  balance,  if  any,  to  be  returned  to 

290  them ;  and  shall  also  pay  into  the  treasury  of  Virginia  the  amount 


Bill  No.  197.  17 

291  agreed  to  be  paid  by  them  under  the  next  preceding  section — then 

292  the  James  river  and  Kanawha  company  shall  by  proper  deeds  con- 

293  vey  its  entire  property  of  every  kind,  to  the  said  Virginia  canal 

294  company,  subject  to  the  charges  before  mentioned  in  favor  of  the 

295  present  private  stockholders  and  the  commonwealth  of  Virginia, 

296  and  subject  to  any  present  subsisting  contracts  for  the  use  of  the 

297  water  of  the  canal,  and  subject  to  all  the  provisions  of  this  agree- 

298  ment:  And  until  this  conveyance  shall  be  made,  the  James  river 

299  and  Kanawha  company  shall  manage  the  said  property,  effects  and 

300  revenues  under  the  existing  laws,  the  said  M.  dc  Bellot  des  Min- 

301  ieres  and  his  associates  furnishing  all  the  means  and  money  that 

302  may  be  necessary  to  carry  on  the  business  of  the  company,  com- 

303  plete  Bosher's  dam,  the  Joshua  falls  dam,  the  dam  at  Lynchburg, 
301  and  the  North  river  improvement,  and  keeping  the  canal  in  proper 

305  repair — they  receiving  credit  for  all  the  revenues  of  the  company. 

306  But  the  president  and  directors  of  the  present  company  shall  have 

307  no  power  or  authority  to  charge  the  property  of  the  company  with 

308  any  debt,  except  for  the  purpose  of  keeping  the  line  in  proper 

309  repair  and  working  condition,  and  completing  the  dams  and  North 

310  river  improvement,  as  herein  before  mentioned. 

311  "17.  The  said  Virginia  canal  company  may  at  anytime  dis- 

312  charge  itself  from  the  annuity  to  the  state  of  Virginia,  by  the 

313  payment  into  the  treasury  of  Virginia  of  the  sum  of  two  millions 

314  two  hundred  and  fifty  thousand  dollars  in  specie,  but  until  the  same 

315  shall  be  paid,  the  annuity  of  one  hundred  and  thirty-five  thousand 
816  dollars  to  the  commonwealth  shall  be  forever  a  charge  upon  the 


18  Bill  No.  107. 

317  whole  property  of  the  company,  and   the  legislature   may  provide 

318  by  law  in  what  manner   the   payment  of  the  said  annuity  shall  be 
310  enforced. 

320  u  is.  The  European  parties  and  stockholders  may,  as  between 

321  themselves,  determine  what   their  relative  rights   and   obligations 

322  shall  be. 

323  "10.  The  stockholders  in  the  Virginia    canal  company  shall 

324  be   required  by  their  charter  to  hold  at  least  one  general   meeting 
Hi!.")  every  year  in  the  city  of  Richmond. 

326  "20.  When  this  agreement  shall  be  approved  by  the  general 

327  assembly  and  a  charter  shall   be   granted   as   provided  in  the  first 

328  and  second  sections  thereof,  the  said  agreement   shall  be  binding 
320  upon  all  the  parties   thereto  without  any  further  action  on  the  part 

330  of  the  stockholders  or  directors  of  the  James  river   and    Kanawha 

331  company;  and   the  said  James  river  and   Kanawha  company  binds 

332  itself  to  use  its  best  efforts  to  obtain  at  the  earliest   day  possible, 

333  the  approval  of  this  agreement  and  of  the  charter  as  provided  for, 

334  by  the  general  assembly;  and  in  the  mean  time  the  said  agreement 

335  shall  be  obligatory  upon  the  said  James   river  and   Kanawha  com- 

336  pany,  to  the  full  extent  that  the  said  company  has  the  legal  au- 

337  thority  to  act  without  the  approval  of  the  general  assembly. 

338  "And  to  prevent  delay  in  the  commencement  of  the  works 

339  herein  before  contracted  to  be  executed,  the  said  parties  of  the 

340  first  part  shall  be  authorized  to  proceed  forthwith  in  their  said 

341  undertakings ;   and  if  the  general  assembly  shall  fail  to  approve 

342  the  said  agreement,  and  to  grant  said  charter,  then  the  James 


Bill  No.  197.  19 

343  river  and  Kanawha  company  binds  itself  to  issue  bonds  under  the 

344  act  of  the  23d  day  of  March,  1860,  to  the  said  parties  of  the  first 

345  part  for  an  amount  equal  to  the  principal  sum  which  may  have 

346  been  expended  upon  its  works  as  contemplated  in  this  agreement, 

347  and  the  interest  thereon  from  the  time  when  the  same  shall  have 

348  been  expended  until  the  repayment  in  bonds  as  aforesaid ;    and 

349  the  said  James  river  and  Kanawha  company  shall  thereupon  be 

350  restored  to  all  the  rights  conferred  by  its  charter,  as  if  this  con- 

351  tract  had  not  been  made,  and  the  said  contract  shall  thereafter  be 

352  null  and  void. 

353  "In  testimony  whereof,  the  said  Ernest  de  Bellot  des  Minieres, 

354  acting  for  himself  and  the  firm  of  Bellot  des  Minieres,  Brothers 

355  &  Company,  hath  hereto  subscribed  his  name  and  annexed  his 

356  seal,  and  the  said  Thomas  H.  Ellis,  president  of  the  James  river 

357  and  Kanawha  company,  acting  under  authority  as  aforesaid,  hath 

358  subscribed  his  name  and  caused  the  seal  of  the  company  to  be 

359  affixed,  the  day  and  year  first  above  written,  at  Richmond,  Vir- 

360  ginia. 

361  E.  de  BELLOT  des  MINIERES.  [Seal.] 

362  THOMAS  II.  ELLIS, 

3G3  [Corporate  Seal.]                                                            pm.  J,  ^.  ft  X.  Co." 

364  And  whereas  the  general  assembly  of  the  commonwealth  of 

365  Virginia  approve  the  objects  and  views  of  the  contracting  parties, 

366  and  are  disposed  to  give  to  their  contract  validity  and  effect : 

367  Therefore, 


20  Bill  N<>.   L97. 

Company  incorporated ;  gi  ;  restrictions  iher 

1.   Be  it  enacted,  that  when  the  Board  of  public  works  shalFGc 

2  satisfied  that  the  minimum  capital  of  twenty  millions  of  dollars  has 

3  been  raised  as  provided  for  in  the  next  chapter,  then,  in  compliance 

4  with  the  first  article  of  said  agreement,  the  persons  constituting  the 

6  firm  ami  style  of  Bellot  des  Minieres,  Brothers  &  Co.  and  such 

6  persons  as  they  may  admit  into   association   with  them,  together 

7  with  the  corporate  and  individual  stockholders  of  the  present  .Fames 

8  river  and  Kanawha  company  (other  than  the  commonwealth  of  Vir- 

9  ginia),  and  such  persons  as  may  become  subscribers  to  the  capital 

10  stock  hereafter  authorized,  and  their  successors  and  assigns,  shall 

11  he  and  are  hereby  incorporated  into  a  company  by  the  name  and 

12  style  of  the  '"Virginia  Canal  Company:"  and  by  that   name,  shall 

13  have  perpetual  succession  and  a  common  seal,  may  sue  and  he  sued, 

14  plead   and  be   impleaded,  purchase  and   hold,  sell   and   convey  real 

15  and  personal   property  ;  and  shall  he,  to  every  intent  and  purpose 

16  in  law,  the  successors  of  the  present  James  river  and  Kanawha  com- 

17  pany:    provided,   that   the   corporate   powers   shall  not    take  effect 

18  until  the  minimum  stock  shall  be  taken:  provided,  however,  that 

19  they  shall   hold   no  real  estate,  except   that  which  by  this  act,  or 

20  some  other  act  of  the  general  assembly,  may  be  vested  in  them,  or 

21  they  may  be  authorized  to  acquire  for  the  purpose  of  the  improve- 

22  ments  which  they  are  required  to  make  ;  and  that  they  shall  in  no 

23  wise  deal  as  bankers  or  merchants,  or  in  buying  and  selling  any 

24  produce  or  commodities  whatsoever,  except  such  as  it  is  obviously 


Bill  No.  197.  21 

25  convenient  and  proper  for  them  to  purchase  and  sell  in  the  regular 

26  performance  of  the  duties  required  of  them  by  this  act ;  and  that 

27  they  shall  not  be  engaged  in  the  establishment  or  conduct  of  manu- 

28  factures,  further  than  for  the  supply  of  their  own  consumption  and 

29  that  of  the  persons  in  their  service,  and  in  letting  to  farm  or  lease 

30  sites  for  mills  and  other  machinery,  and  water  for  their  use. 

2.  The  stockholders   in    general   meeting   shall  have  power  to 

2  make  all  such  by-laws,  rules  and  regulations,  not  inconsistent  with 

3  the  constitution  or  laws  of  the  land,  as  they  may  deem  proper,  for 

4  the  well  ordering  of  the  affairs  of  the  company ;  for  the  protection 

5  and  preservation  of  their  property,  and  for  the  maintenance  of  good 

6  order  and  good  police  among  their  officers,  agents,  servants  and 

7  laborers,  and  among  the  boatmen  and  others  who  use  their  canal  and 

8  other  works. 

3.  The  said  company  shall  not  subscribe  to  the  stock  of  any 

2  other  company,  unless  it  be  specially  allowed  by  law  ;  but  this  pro- 

3  hibition  shall  not  prevent  it  from  receiving  stocks  or  other  property 

4  in  satisfaction  of  any  judgment,  order  and  decree,  or  as  collateral 

5  security  for  or  in  payment  of  any  debt,  or  from  purchasing  stocks 
G  or  other  property  at  any  sale  made  for  its  benefit.     If  it  so  receive 

7  shares  of  its  own  f-tock,  it  may  either  extinguish  the  same,  or  sell 

8  and  transfer  such  shares  to  a  purchaser.     While,  however,  it  holds 

9  such  shares  of  its  own  stock,  no  vote  shall  be  given  thereon. 

Works  and  property  not  to  be  encumbered  or  sold. 
■1.    The  said  company  shall  not  have  the  power,  by  mortgage. 


22  Hill  No.  t97, 

2  deed  of  trust  or  other  contract,  to  create  I  lien  upon  ttfl  works  and 

3  property,  except  that  herein  alter  created  in  favor  of  the  common* 

4  wealth  of  Virginia,  and  i-hall  not  be  competent   to  sell  the  Bama 

5  without  the  assent  of  the  general  assembly  of  Virginia:  provided, 
ii  however,  that  it  may  sell  or  dispose  of  such  surplus  portions  of  its 

7  real  estate  aa  may  not  be  required  for  the  speration  of  its  works  or 

8  improvements. 

Provision  for  repayment  of  money  expended  on  Kanawha  improvement. 

5.    The  Kanawha  river  shall  remain  subject  to  all  the  existing 

2  laws  in  relation  thereto,  and  unaffected  by  this  act,  until  the  com- 

3  pletion  of  the  work  now  under  contract  and  in  progress  upon  said 

4  river,  provided  such  work  shall  not  be  completed  before  the  first  day 

5  of  January,  1803,  upon  payment  to  the  commonwealth  of  Virginia 
0  of  so  much  of  the  appropriation  of  March  twenty-third,  I860,  for 

7  the  improvement  of  the  Kanawha  river,  as  shall  have  been  bona  fide 

8  expended  in  the  construction  of  said  improvement,  the  said  Virginia 

9  canal  company  by  the  operation  of  this  act,  and  the  conveyance 

10  herein   before   authorized,  shall   be   invested  with   all    the   rights, 

11  powers,  franchises  and  privileges  of  the  James  river  and  Kanawha 

12  company  in  and  to  said  Kanawha  river:  and  upon  payment  thereof, 

13  the  said  commonwealth  shall  release  the  mortgage  given  by  the  said 

14  James  river  and  Kanawha  company  on  the  said  Kanawha  improve- 
1")  ment  to  secure  the  payment  of  the  said  bonds;  but  when  the  said 

16  Virginia  canal  company  shall  be  fully  organized  and  vested  with  the 

17  control  of  the  residue  of  the  line  other  than  the  Kanawha  river,  the 


Bill  No.  197.  23 

18  term  of  office  of  the  present  members  of  the  Kanawha  board  shall 

19  expire,  and  other  members  of  said  board  shall  be  appointed — two 

20  by  the  Virginia  canal  company,  and  three  by  the  Board  of  public 

21  works — all  of  whom  shall  be  citizens  of  the  state  and  residents  of 

22  the  Kanawha  valley  :  and  such  new  Kanawha  board  shall  have  full 

23  control  of  the  Kanawha  river  until  the  payment  by  the  Virginia 

24  canal  company  herein  before  provided  for,  shall  have  been  made. 

25  The  release  aforesaid  shall  be  drawn  by  the  attorney  general,  and 

26  executed  by  the  Board  of  public  works,  as  soon  as  satisfactory  evi- 

27  dence  is  submitted  to  said  board  of  the  payment  aforesaid. 

Transfer  of  works  by  James  river  and  Kanawha  company  ;  precedent 

conditions. 

6.    "When  the  Board  of  public  works  shall  be  satisfied  that  the 

2  minimum  capital,  as  provided  in  the  next  chapter,  has  been  raised 

3  as  therein  required,  and  the  said  M.  dc  Bellot  des  Minieres  and  his 

4  associates  shall  have  deposited  with  the  treasurer  of  the  state  of 

5  Virginia,  in  the  manner  prescribed  by  law,  one  million  of  dollars  in 

6  the  six  per  cent,  registered  stock  of  the  commonwealth,  and  shall 

7  have  deposited  in  one  or  more  of  the  banks  of  the  city  of  Richmond, 

8  to  the  credit  of  the  president  and  directors  of  the  James  river  and 
B   Kanawha  company,  for  the  purpose  of  paying  the  floating  debt  of 

10  that  company,  the  sum  of  four  hundred  thousand  dollars,  to  be 

11  applied  to  the  payment  of  the  said  floating  debt  as  far  as  necessary, 

12  and  the  balance,  if  any,  to  be  returned  to  the  said  M.  de  Bellot  des 

13  Minierics  and  his  associates,  and  satisfactory  evidence  of  the  per- 


21  Bill  No.   L97. 

1-4  formance  of  said  conditions  shall  lmve  been  furnished  the  Board  of 
15  public  works,  then  the  said  James  river  and  Kanawha  company  shall, 
It;  by  prop<  r  deeds,  oonvi  ire  property,  privileges  and  franchic 

17  of  every  kind  to  the  said  Virginia  canal  company,  subject  to  the 

18  provisions  and  requirements  of  the  fifth  Bection  of  this  chapter,  and 

19  to  the  conditions  hereafter  required  in  this  act,  and  also  to  any  pre- 

20  sent  subsisting  contracts  for  the  use  of  the  water  of  the  canal,  or  for 

21  any  oilier  purpose. 

8  <!  y<  ruling,  how pn  lith. 

7.  All  causes  and  matters  which  shall    be  depending  and  unde- 

2  termined  in  any  court  in  this   commonwealth,    in   which   the   dames 

3  river  and  Kanawha  company  are  or   may  be  parties,  plaintiff  or  de- 
■4  fendant,  on  the  day  when  the  said  transfer  is  made,  shall  be  proceed- 

5  ed  in,  tried  and  determined  as  if  the  same  had  been  commenced  by 

6  or  against  said  Virginia  canal  company. 

Transfer  of  rights  of  state  of  Virginia   and   release  of  its  securiii 

conditions. 

8.  "When  the  Board  of  public   works  shall    be   satisfied   that  the 

2  conditions  prescribed  in  the  sixth  section  have  been  fully  complied 

3  with,  and  that  the  minimum  capital,  as  provided  for  in  the  next  chap- 
\  ter,  shall  have  been  raised  as  therein  required;  they  shall  transfer  in 
5  like  manner  to  the  said  Virginia  canal  company,  all  the  rights  which 
G  the  state  of  Virginia  has  as  a  stockholder  in  the  James  river  and 

7  Kanawha  company;  and  shall  furthermore  release   all  mortgages, 

8  deeds  of  trust  or  other  contracts,  except  the   mortgage  relative  to 


Bill   No.   197.  25 

9  the  Kanawha  river,  by  which  any  lien  has  been  created  to  the  com- 

10  monwealth  upon  the  works  and   property  of  said  James  river  and 

11  Kanawha  company,  subject  only  to   the   incumbrances,  limitations 

12  and  restrictions  by  this  act  imposed. 

Rights  of  new  company  after  transfer. 

9.  The   company  hereby  incorporated,  thenceforward  shall  be 

2  entitled  to  all  the  tolls,  rents  and  other  emoluments,  rights,  fran- 

3  chises,  privileges  and  immunities,  which  arc  now  enjoyed  by  the  said 

4  James  river  and   Kanawha  company,   subject  to  the  provisions  and 

5  limitations  of  the  fifth  section  of  this  chapter.     And  the  president 

6  and  directors  of  the  new  company,  their  officers  and  agents,  shall 

7  take  possession  of  the  property  and  works  transferred  as  aforesaid, 

8  for  the  benefit  of  the  Virginia  canal  company. 

Annuity  to  the  state. 

10.  The  said  Virginia  canal  company  shall,  in  consideration  of 

2  the  transfer  aforesaid,  by  the  State  of  Virginia,  pay  into  the  treasury 

3  of  the  state,  in  the  mode  prescribed  by  law,  semi-annually  forever, 

4  the  sum  of  sixty-seven  thousand  five  hundred  dollars.     But  the  said 

5  company  may  at  any  time  discharge  itself  from  the  said  annuity  by 

6  the  payment  into  the  said  treasury  of  the  sum  of  two  millions  two 

7  hundred  and  fifty  thousand  dollars  in  specie;  but  untill  the  same 

8  shall  be  paid,  the  said  annuity  shall  be  forever  a  charge  upon  the 

9  Avhole  property  of  the  company;  and  the   legislature  may  provide 

10  by  law  in  what  manner  the  payment  of  the  said  annuity  shall  be  en- 

11  forced. 


26  Bill  No.  1!> 7. 

Sum  to  be  paid  to  other  stockholders. 
11.  The  Virginia  canal  company  shall  furthermore  take  the  Baid 

2  property  so  to  be  transferred  to  them,  subject  to  the  payment,  to 

3  the  corporate  and   individual  stockholders  mentioned  in  the  second 

4  chapter,  of  five  per  centum  per  annum  on  the  amounts  of  the  certi- 

5  ficates  of  stock  held  by  each  respectively,  to  be  computed  from  the 

6  date  of  the  organization  of  the  Baid  Virginia  canal  company,  until 

7  the  water  line  hereinafter  mentioned  shall  be  completed  to  tlie  Ohio 

8  river,  as  herein  prescribed;  and  thereafter,  in  lieu  of  the  said  five 

9  per  cent.,  shall  pay  to  the  said  stockholders  their  ratable  share  of 

10  the  profits  of  the  company.     And  for  failure  to  perform  this  provi- 

11  sion,  the  company  may  be  proceeded  against  as  provided  hereafter 

12  in  the  7th  chapter. 


Bill  No.  197.  27 


CHAPTER    II. 

OF  THE  CAPITAL  STOCK;  HOW  STOCK  SUBSCRIBED  AND  PAID  FOR;  RE- 
MEDY AGAINST  DELINQUENT  STOCKHOLDERS;  TRANSFERS  AND  ISSUES 
OF    CERTIFICATES    OF   STOCK. 

Capital. 

1.  The  capital  stock  of  the  Virginia  canal  company  shall  not  be 

2  less  than  twenty  millions  nor  more  than  thirty-five  millions  of  clol- 

3  lars,  to  be  divided  into  shares  of  one  hundred  dollars  each,  except  as 

4  herein  after  provided.     The  minimum    capital  shall  be  provided  in 

5  the  following  manner  : 

Minimum  capital,  of  wliat  composed,  and  how  provided. 

2.  It  shall  consist  of  52,000  shares  of  one  hundred  dollars  each, 

2  the  estimated  value  of  the  interest  of  the  state  of  Virginia  in  the 

3  James  river  and  Kanawha  company,  which  shall  be  the  property  of 

4  the  Virginia  canal  company;  ten  thousand   shares  of  one  hundred 

5  dollars  each,  the  interest  of  the  private  stockholders;  and  not  ex- 
G  cccding  seven  thousand  shares  of  the  same  value  on  account  of  the 

7  payments,  by  Bellot  des  Minieres,  Brothers   and  Company,  towards 

8  the  floating  debt  of  the  James  river  and  Kanawha  company,  and 

9  for  money  expended  in   the  improvement  of  the   Kanawha  river, 
10  which  shall  be  the  property  of  the  said  Bellot  des  Minieres,  Brothers 


28  Bill  No.  197. 

11  and  Company,  and  other  stock  which  may  be  hereafter  subscribed 

I  _       -.  sufficient  to  make  up,  with  the  foregoing,  the  sum  of  twenty  mil- 
13  Lions  of  dollars. 

3.  The  certificates  of  stock  now  held  by  individuals  or  corpora- 
l!  dona,  shall  be  delivered  up  by  said  individuals  or  corporations  to 

3  said  Virginia  canal  company,  and  shall  be  canceled,  and  in  lieu 

4  thereof,  certificates  of  the  stock  of   said  Virginia    canal    company 

5  shall  be  issued  to  said  individuals  and  corporations,  at  the  rate  of 

6  one  share  for  every  two  shares  held  by  each,  at  the  par  value  of  one 

7  hundred  dollars  each.     And  when  any  such  corporate  or  individual 

8  stockholder  shall  hold  a  number  of  shares  which  cannot  be  divided 

9  -without  a  fractional  part  of  a  share,  the  said  corporation  or  individ- 
10  ual,  and  their  successors  or  personal  representatives,  shall  be  entitled 

II  to  the  same  provision  therefor   as   is  hereafter  made  for  individual 
12  stockholders  who  have  but  one  share  of  stock. 

4.  In  the  case  of   individuals  holding  one  share  of   said  stock 

2  only,  the  said  share   shall   be   delivered   up   to   said   Virginia   canal 

3  company  and  be  canceled,  and  in  lieu  thereof,  a  special  certificate  of 

4  said  company  shall  be  issued,  specifying  that  the  said  individual  or 
o  his  assigns  is  entitled  to  one-half  of  one  share  of  the  capital  stock 

6  of  said  company:  or  the  said  Virginia  canal  company  may  purchase 

7  said  half  share  in  each  case. 

5.  The  said  several  component  parts  of  stock  heretofore  sub- 

2  scribed  for,  and  hereinbefore  specified,  being  estimated  to  amount  in 

3  the  aggregate  to  a  sum  not  exceeding   six  millions   nine  hundred 


Bill  No.  197.  29 

4  thousand  dollars,  shall  constitute  a  part  of  the  said  minimum  capi- 

5  tal.     The  residue  thereof  shall  be  raised  by  subscriptions,  of  which 

6  the  said  Bellot  des  Minieres,  Brothers  and  Company  may  take  any 

7  part  or  the  whole  ;  and  if  they  shall  not  take  the  whole,  the  presi- 

8  dent  and  directors  of  the  James  river  and  Kanawha  company  are 

9  hereby  authorized  to  appoint  commissioners  at  such  places  in  France, 

10  or  in  this  state,  or  elsewhere,  and  at  such  times  as  they  may  deem 

11  proper,  for  opening  books  therefor,  and  receiving  subscriptions  for 

12  so  much  as  shall  not  have  been  so  taken,  in  shares  of   one  hundred 

13  dollars  each  ;  the  amount  to  be  paid  by  the  subscribers  in  instal- 

14  ments,  or  at  one  time,  according  to  the  terms  of  subscription  pre- 

15  scribed  by  said  president  and  directors. 

G.  When  subscriptions,  which,  with  the  stock  hereinbefore  pro- 

2  vided  for,  shall  have  been  obtained  to  the  amount  of  twenty  millions 

3  of  dollars,  and  at  least  one-fourth  of  said  subscriptions  shall  have 

4  been  paid  to  the  authorized  agents  of  the  said  president  and  direc- 

5  tors,  they  shall  certify  and  establish  the  fact  to  the  satisfaction  of 
G  the  Board  of  public  works;  and  shall  moreover  satisfy  said  board 

7  that  the  subscribers  are  solvent  and  able  to  pay  the  residue,  or  that 

8  the  same  has  been  properly  secured;  and  thereupon,  the  said  board 

9  shall  declare  and  so  enter  upon  their  records,  that  the  minimum 
10  capital  aforesaid  has  been  provided  as  required  by  law. 

Maximum  capital ;  how  provided. 
7.    If  the  said  company  shall  deem  it  necessary  to  increase  their 
2  <;ipital  to  the  maximum  amount  of  $35,000,000,  or  to  any  amount 


m  Bill  No.  197. 

3  between  the  minimum  ami  maximum  capital,  they  shall  be  authorized 

4  to  raise  the  a  mount   by  Subscription  in  such   manner  as  they  may 

5  deem  expedient  and  provide  by  their  by-laws. 

//    ■  .--    k  transf  m  <7,  when  ttockholch  rs  refute  or  fail  to  transfer  it. 

8.    In  ca>e  any  stockholder  of  the  said  James  river  and  Kanawha 
mpany  shall  be  incapacitated  by  any  cause  from  receiving,  or 

3  shall  refuse  or  fail  to  receive  the  certificate  of  Btook   to  which  he 

4  shall  be  entitled,  for  twelve  months  from  the  passage  of  this  act,  the 

5  Btock   standing  in  his   name  on  the  books  of  said  James  river  and 
•  !   Kanawha  company  shall  be  transferred  by  said  company  to  the  com- 

7  monwealth  of  Virginia,  as  trustee  for  said  stockholder,  and  the  cer- 

8  tificate  of  stock  so  transferred  shall  be  delivered  up  by  the  Board  of 
'.»  public  works  to  said  Virginia  canal  company  and  be  canceled,  and  a 

10  new  certificate  of  stock   shall  be  issued  by  said  Virginia  canal  com- 

11  pany  to  the   commonwealth  of  Virginia,  as  trustee  for  said  stock- 

12  holder,  and  the  same  shall  be  held  by  the  Board  of  public  works  in 

13  trust  for  the  use  and  benefit  of  said  stockholder,  to  be  transferred 

14  by  said  board  to  said  stockholder,  or  his  personal  representative, 

15  ■whenever  he  shall   demand  the  same;    but   if  it  be  not   demanded 
1U  within  five  years  from  the  issuing  of  said  certificate  to  the  common- 

17  wealth,  the  same  shall  constitute  a  part  of  the  Sinking  fund  of  the 

18  commonwealth  of  Virginia,  and  may  be  sold,  and  the  proceeds  ap- 

19  plied,  or  the  profits  therefrom  may  be  applied  to  the  redemption  of 

20  the  public  debt:  provided,  that  stock  so  held  by  the  state  shall  not 

21  be  represented  in  the  meetings  of  the  stockholders  of  the  company. 


Bill  No.  197.  31 

Stock;  hoiv  verified ;  shares  personal  estate. 

9.  The  said  Virginia  canal  company  shall  keep  a  regular  roll  of 

2  their  stockholders,  and  shall  furnish  to  each,  one  or  more  certificates 

3  of  his  stock,  as  may  be  required,  verified  by  the  seal  of  the  corpora- 

4  tion  and  the  signature  of  the  president.     The  stock  shall  be  deemed 

5  personal  estate,  and,  as  such,  shall  pass  to  the  personal  rcpresenta- 

6  tive  or  assignee  of  a  stockholder. 

Governments  not  permitted  to  be  stockholders. 

10.  No  government  of  any  state  or  country,  other  than  the 

2  government  of  the  state  of  Virginia,  shall  become  subscribers  to  the 

3  stock  of  said  company,  nor  shall  any  stockholder  at  any  time  assign 

4  or  transfer  his  stock  to  any  such  government;  and  such  subscription 

5  or  assignment,  if  made,  shall  be  void. 

Transfers  of  stock  in  foreign  office  to  be  certified. 

11.  Any  transfers  of  stock  which  may  be  made  in  the  foreign 

2  office  hereby  authorized  to  be  opened  in  Paris,  shall  be  certified  by 

3  the  officer  in  charge  of  that  office,  at  the  end  of  every  three  months 

4  to  the  company's  office  in  Richmond,  there  to  be  transferred  and  re- 

5  corded  in  the  general  transfer  books  of  said  company. 

Foreigners  to  be  subject  to  tribunals  of  Virginia  only. 

12.  All  citizens  or  subjects  of  any  foreign  state  or  country  who 

2  are  or  may  be  hereafter  interested  in  the  stock,  property  or  fran- 

3  chises  of  the  Virginia  canal  company,  shall  accept  and  hold  the  same 

4  subject  to  the  distinct  stipulation  that  all  questions  arising  under  the 


32  Bill  No.  197. 

5  legislation  of  Virginia  in  regard  thereto,  shall  be  submitted  to  the 

6  exclusion  and  final  jurisdiction  of  the  tribunals  of  Virginia,  expressly 

7  renouncing  and  disclaiming  all  right  to  the  intervention  of  the  gov- 

8  ernments  to  which  they  may  be  subject,  in  any  manner  whatever. 

9  But  controversies  arising  between  persons  residing  out  of  the  com- 

10  monwealth  of  Virginia,  in  relation  to  any  interests  they  may  have 

11  or  claim  in  said  company,  or  the  property  or  stock  thereof,  shall  not 

12  be  embraced  in  the  provisions  of  this  section. 


Bill  No.  197 


CHAPTER    III. 

meetings  of  stockholders;  votes  in  meetings;  president  and 
directors;  their  appointment;  general  powers  and  duties; 
offices  of  company  ;  appointment  of  officers  and  agents,  and 
how  their  duties  and  compensation  are  prescribed. 

General  meeting  of  stockholders,  how  convened. 

1.   As  soon  as  it  shall  be  ascertained,  as  herein  before  provided, 
-  that  the  minimum  amount  of  capital  has  been  raised,  and  after  the 

3  conditions  precedent  herein  before  set  forth  shall  have  been  per- 

4  formed,  the  said  M.  de  Bellot  dcs  Minieres  and  his  associates  shall 

5  give  notice  thereof,  by  publication  in  a  ncAvspaper  in  the  city  of 
G  Richmond,  for  not  less  than  two  weeks,  and  call  a  general  meeting 

7  of  the  stockholders,  to  meet  at  a  certain  place  in  the  city  of  Rich- 

8  mond,  not  less  than  fourteen  nor  more  than  thirty  days  from  the 

9  first  day  of  such  publication.     The  stockholders,   their  executors, 

10  administrators  or  assigns,  shall  stand  incorporated  from  the  time  of 

11  such  meeting,  unless  in  the  said  meeting  it  be  determined  otherwise. 

12  If,  on  the  day  appointed  for  this  or  any  general  meeting,  a  sufficient 

13  number  of  stockholders  dp  not  attend  to  constitute  a  general  meet- 

14  ing,  those  present  may  adjourn  from  time  to  time  till  a  sufficient 

1")  number  shall  attend. 
5 


34  Bill  No.  197. 

2.  Annual  meetings  of  the  stockholders  shall  thereafter  be  held 
-  on  Buch  <lav  as  they  may  in  general  meeting  from  time  to  time-  ap- 

3  point,  and  at   Buch  place  a>  shall  be  fixed  from  time  to  time  by  the 

4  board  of  directors,  of  which  notice  shall  be  published  for  two  we< 

5  in  Borne  newspaper  printed  in  the  city  of  Richmond;  and  there 
(3  shall  be  at  least  one  general  meeting  every  year  in  the  Baid  city  of 

7  Richmond,  at  such  time  as  the  by-laws  of  the  Baid  company  shall 

8  prescribe. 

3.  A  general  meeting  of  stockholders  may  be  held  at  any  time, 

2  upon  the  call  of  the  board  of  directors,  or  of  stockholders  holding 

3  together  one-twentieth  of  the  capital  stock,  upon  their  giving  notice 

4  of  the  time  and  place  for  such  meeting   for   thirty  days  in  a  news- 

5  paper  published  in  or  near  the  place  at  which  the  last  annual  meet* 

6  ing  was  held. 

Meeting 8 j  hoiv  constituted;  proxies,  when  appointed. 

4.  To  constitute  a  general  meeting,  there  must  be  present,  cither 

2  in  person  or  by  proxy,  a  number  of  stockholders  having  a  right  to 

3  give  a  majority  of  all  the  votes  which  could  be  given  at  a  meeting 

4  of  all  the  stockholders,  exclusive  of  the   fifty-two   thousand   .-hairs 

5  before  mentioned,  or  any  portion  thereof,  while  owned  by  the  Yir- 

6  ginia  canal  company.     And  -where  the  stockholder  desires  to  be 

7  represented  by  proxy,  such  proxy  must  be  appointed  within  fifteen 

8  months  of  such  general  meeting.     Such  meeting  may  adjourn  from 

9  time  to  time  until  its  business  is  completed. 


Bill  No.  197.  35 

Proceedings  to  be  kept. 

5.  The  proceedings  of  the  stockholders  at  all  general  meetings 

2  shall  be  regularly  kept,  be  verified  by  the  signature  of  the  presiding 

3  officer,  and  carefully  preserved  in  -well  bound  books;  and  the  names 

4  of  all  the  stockholders  present,  whether  in  person  or  by  proxy,  shall 

5  be  entered  on  the  minutes. 

Votes  of  stockholders. 

6.  In  any  meeting  of  stockholders,  each  stockholder  may,  in 

2  person  or  by  proxy,  give  the  following  vote  on  whatever  stock  he 

3  may  hold  in  the  same  right,  to  wit :  one  vote  for  each  share  of  stock 

4  not  exceeding  twenty,  and  one  vote  for  every  ten  shares  exceeding 

5  twenty. 

7.  When  a  vote  is  offered  to  be  given  at  any  meeting,  upon 

2  stock  transferred  within  sixty  days  before  such  meeting,  if  any  pres- 

3  ent  object  to  the  vote,  it  shall  not  be  counted,  unless  the  stockholder 

4  or  his  proxy  has  made  or  shall  make  oath   that  the   stock  on  which 

5  such  vote  is  to  be  given,  is  held  by  such  stockholder  bona  fide,  and 

6  not  by  virtue  of  a  transfer  made  with  intent  to  give  more  votes  than 

7  is  allowed  by  the  preceding  section. 

President  and  board  of  directors. 

8.  The  board  for  the  management  of  the  affairs  of  the  company 

2  shall  consist  of  a  president  and  seven  directors,  with  the  privilege 

3  to  the  company  to  increase  the  number  of  directors  to  twelve. 

9.  At  the  first' general  meeting  and  at  each  stated  annual  meet- 


Bill  No.  19T. 

2  ing  thereafter  held  in  Richmond,  the  stockholders  Bhall  appoint  tlic 

3  president  and  all  of  the  directors  of  the  company,  except  two,  who 

4  shall  hold  their  offices  for  one  year,  and  thereafter  until  their  Btio- 

;I1  be  appointed,  unless  Booner  removed  by  the  stock- 
('•  holders  in  general  meeting.     Two  of  the  Baid  directors  shall  be 

7  appointed  by  the  Board  of  public   works  "1"  Virginia,  or   if  said 

8  board  Bhall  cease  to  exist,  by  Buch  body  as  Bhall  be  authorized  by 

9  law  tu   make   the   appointment,  who  shall   hold   their   offices    in    like 

10  manner,  and  be  removed  at  anytime  by  the  appointing  power.      The 

11  appointment  of  the  president  shall   be  certified  to  the  governor  of 

12  the  commonwealth  of  Virginia,  for  his  approval.     If  disapproved, 

13  the  Baid  stockholders  in  general  meeting   shall   appoint   some  other 
11  person  to  be  president ;  and  no  person  shall  be  president  unless  the 

15  appointment  be]  approved  by  the  governor.     Vacancies  in  the  office 

16  of  president  or  directors  shall  be  filled   by  the  hoard  of  directors, 

17  except  the  directors  on  the  part  of  the  state,  whose  vacancies  Bhall 

18  be  filled   as   provided   in  the  first  appointment.      A  majority  of  said 

19  directors  shall  be  residents  of  the  state  of  Virginia. 

Duties  and  powers  of  president  and  directors. 

10.   The  president  and  directors  of  the  company,  subject  to   the 

2  control  of  the  by-laws,  shall  be  charged  with  the  immediate  care  and 

3  superintendence  of  the  affairs  of  the  company;  with  making  and 

4  executing  their  contracts,  either  by  themselves  or  by  their  lawful 

5  agents;    with  constructing  and  preserving  their  works;  with  the 

6  custody  and  preservation  of  all  the  property  of   the  company ;  and 


Bill  No.  107.  37 

7  "with  the  control  and  direction  of  all  of  their  agents.     A  majority 

8  of  the  board  shall  constitute  a  quorum  for  the  transaction  of  busi- 

9  ness;  and  when  the  president  is  absent,  the  directors  shall  appoint 

10  one  of  their  own  body  president  pro  tempore.     The  proceedings  of 

11  the  board  shall  be  recorded  in  the  English  language,  at  the  office  in 

12  Richmond,  and  be  at  all  times  open  to  the  inspection  of  the  stock- 

13  holders  and  the  state;  and  in  the  case  of  the  latter,  by  such  officer 

14  as  the  general  assembly,  the  Board  of  public  works  or  the  governor 

15  may  appoint. 

Journals  and  records ;  liow  kept  and  authenticated. 

11.  The  journal  of  said  proceedings   shall  be   verified  by  the 

2  signature  of   the    presiding  officer,   and  preserved  in  well  bound 

3  books,  wherein  the  names  of  the  members  present   shall  be  always 

4  entered,   and   the    vote   of    each   member  recorded  when  he   shall 

5  require  it.     They  shall  cause  regular  books  of  accounts  to  be  kept 

6  of  all  the  receipts  -and  disbursements,  and  of  all  the  dealings  of  the 

7  company,  and  shall  cause  their  books  to  be  regularly  balanced  semi- 

8  annually,  on  sucli  days  as  the  by-laws  shall  prescribe.     All  books, 

9  papers,  correspondence  and  funds  in  possession  of  any  officer  of  the 

10  company,  shall  at  all  times  be  subject  to  the  inspection  of  the  board, 

11  or  a  committee  thereof. 

Company  s  office. 

12.  The  office  of  the  company  shall  be  at  Richmond,   Virginia, 
2  but  a  branch  may  be  located  at  Paris  in  France ;  but  the  officers 


38  Hill   No.    107. 

3  under  whose  control  said  office  and  branch  may  be,  shall  be  subject 

4  to  such  rules  and  regulation-  as  may  be  prescribed  by  the  board. 

Meetings  of  board  of  directors. 
]■).  The  board  shall  hold  meetings  at  such  times  as  they  shall 

2  see  fit.  or  the  president  shall  require.     Questions  before  it  shall  be 

3  decided  viva  voce.     No  member  of  the  board  shall  rote  on  a  ques- 

4  tion  in  which  he  is  personally  interested  •  •  than  as  a  stock- 

5  holder.     The  names  of  those  voting  each  way  shall  be  taken  down, 

6  if  desired  at  the  time  by  any  member. 

Officers  and  agents  of  company;  their  compensation. 

14.  Subject  to  the  direction  and  control  of  the  stockholders  in 

2  general  meeting,  and  the  by-laws,   the  hoard  shall  appoint  a  secrc- 

3  tary  and  such  other  officers  and  agents  as  it  may  deem  proper,  and 

4  prescribe  their  duties,  liabilities  and  compensation.     They  shall  rc- 

5  quire  from  such  of  them  as  they  may  deem  proper,  bonds  payable 

6  to  the  company,  with  such  conditions  as  the  board  may  require,  and 

7  with  such  sureties   as  it  may   approve  ;  and   the   officers  shall  hold 

8  their  places  during  its  pleasure.     The  compensation  to  the  president 

9  and   directors   shall   be   prescribed  by    the   stockholders  in  general 

10  meeting;  and  to  all  other  officers,  by   the  board  of  directors,  unless 

11  otherwise  prescribed  by  the  stockholders. 

Remedy  against  delinquent  stockholders. 
10.  If  the  money  which  any  stockholder  has  to  pay  upon  his 

2  shares,  be  not  paid  as  required  by  the  president  and  directors,  the 

3  same,  with  interest  thereon,  may  be  recovered  by  warrant,  action  or 


Bill  No.  197.  39 

4  motion  as  aforesaid ;  or  such  shares  may,   after  notice  in  a  news- 

5  paper  for  one  month,  of  the  time  and  place  of  sale,  be  sold  at  pub- 

6  lie  auction  for  ready  money,  and  transferred  to  the  purchaser. 

16.  Out  of  the  proceeds  of  such  sale  there  shall  be  paid  the 

2  charges,  and  the  money  •which   ought   to   have  been  paid   upon  the 

3  said  shares,  with  interest  thereon.     Any  surplus  shall  be  paid  to  the 

4  delinquent  or  his  representative. 

17.  If  there  be  no   sale  for  want  of  bidders,  or  if  the  sale  shall 

2  not  produce  enough  to  pay  the  charges,  and  the  money  -which  ought 

3  to  be  paid,  with  interest,  the  company  may  recover   against  such 

4  stockholder  whatever  may  remain  unpaid,  with  interest  thereon,  by 

5  warrant,  action  or  motion  as  aforesaid. 

18.  No  stock  shall  be  assigned  on  the  books  Avithout  the  consent 

2  of  the  company,  untill  all  the  money  which  has  become  payable 

3  thereon  shall  have  been  paid  ;  and  on  any  assignment,  the  assignee 

4  and  assignor  shall  each  be  liable  for  any  instalments  which  may 

5  have  accrued,  or  which  may  thereafter  accrue,  and  may  be  proceed- 

6  ed  against  in  the  manner  before  provided. 

19.  A  person  in  whose  name  shares  of  stock  stand  on  the  books 

2  of  the  said  company,  shall  be  deemed  the  owner   thereof  as  it  re- 

3  gards  the  company. 

20.  The  European  parties   and  stockholders  may,  as  between 

2  themselves,   determine   what   their    relative  rights  and  obligations 

3  shall  be. 


40  Bill  No.    1!>7. 

/,'     ilations  for  trantft  n  of  Hock. 

21.  If  any  Buch  person  shall,  for  valuable  consideration,  sell, 
2  pledge  or  otherwise  dispose  of  any  of  his  shares  of  stock  t<>  anoth- 

.  and  deliver  to  him  the  certificate  for  such  shares,  with  a  power 
4  of  attorney  authorizing  the  transfer  of  the  same  on  the  books,  the 
"»  title  of  the  former  (hoth  at  law  and  in  equity)  Bhall  vest  in  the  lat- 

r,  so  far  as   may  be  necessary  to  effect  the  purpose  of  the  sale, 

7  pledge,  or  other  disposition,  not  only  as  between  the  parties  them- 

8  selves,  but  also  as  against  the  creditors  of  and  subsequent  purcha- 

9  sers  from  the   former,   subject  to  the  provisions  of  the  preceding 
10  section. 

22.  The  person  to  whom  any  such  certificate  may  be  issued,  may 

2  return  the  same  to  the  office  of  the  company,  and  in  person,  or  by 

3  an  attorney  acting  under  a  power  from  him,   assign  on  the  hooks  of 

4  the  company  either  the  whole  number  of  shares  mentioned  in  such 

5  certificate,  or  a  less  number.     The  certificate  so  returned  shall  be 
(j  canceled  and   filed  in   the  company's  office;  and  thereupon  so  many 

7  new  certificates  Bhall  be  issued,  and  to  such  person  or  persons  as  may 

8  be  proper  in  the  case. 

Lost  certificates  renewed. 

23.  When  B  person  to  whom  such  a  certificate  is   issued,   alleges 

2  it  to  have  been  lost,  he  shall  file  in  the  office  of  the  company :  1,  an 

3  affidavit  setting  forth,  as  nearly  as  he  can  state  the  same,  the  time, 

4  place  and  circumstances   of  the  loss;  2,  proof  of  his  having  adver- 


Bill  No.  197.  41 

5  tised  the  same  in  a  newspaper  once  a  week  for  two  months  ;  and  3,  a 

6  bond  to  the  company,  with  one  or  more  sufficient  sureties,  conditioned 
T  to  indemnify  all  persons  against  any  loss  in  consequence  of  issuing 

8  a  new  certificate  in  place  of  the  former :  and  thereupon  the  board 

9  may  direct  such  new  certificate,  and  the  same  shall  be  issued  accord- 
10  ingly. 


42  Bill  No.  197. 


CHAPTER    IV. 

OF  THE  POWER  OF  THE  COMPANY  TO  MAKE  SURVEYS  AND  TO  ACQUIRE 
PROPERTY  AND  MATERIALS;  CHANGES  OF  LOCATION;  CONNECTIONS 
WITH    OTHER    WORKS. 

Surveys  for  route  of  lines. 

1.  The  Virginia  canal  company  may  by  its  officers,  agents  or 

2  servants,  enter  upon  any  lands  for  the  purpose  of  examining  the 

3  same,  and  surveying  and  laying  out  such  as  may  seem  fit  for  the 

4  uses  of  said  company,  to  any  officer  or  agent  authorized  by  it;  pro- 

5  vided,  just  compensation  be  made  for  any  injury  done  to  the  owner 

6  or  possessor  of  the  land.     But  the  company  shall  not,  under  the 

7  authority  of  this  section,  throw  open  any  fences  or  enclosures  on 

8  any  land,  or  injure  the  property  of  the  owner  or  possessor,  or  invade 

9  the  dwelling-house  of  any  free  person,  or  any  space  within  sixty  feet 
10  thereof,  without  the  consent  of  the  owner. 

lloiv  much  real  estate  may  be  acquired. 

2.  The  land  acquired  by  the  company  along  its  line  generally, 

2  shall  not  exceed  two  hundred  feet  in  width,  except  in  deep  cuts  and 

3  fillings;  and  then  only  so  much  more  shall  be  acquired  as  may  be 

4  reasonably  necessary  therefor.     The  land  which  it  may  acquire  for 

5  buildings  or  for  an  abutment  along  its  line  generally,  shall  not  ex- 

6  ceed  five  acres  in  any  one  parcel;  and  the  land  which  it  may  acquire 

7  for  buildings  or  other  purposes  of  the  company  at  the  principal  ter- 


Bill  No.  197.  43 

8  mini  of  its  work,  or  at  any  place  or  places  where  basins  may  be 

9  necessary  for  the  accommodation  of  the  trade,  shall  not  exceed 
10  thirty  acres  in  any  one  parcel. 

3.  For  the  purpose  of  supplying  -water  to  the  summit  level  of 

2  the  Alleghany  mountain,  and  to  the  Greenbrier,  New  and  Kanawha 

3  rivers,  the  company  may  extend  a  canal  to  the  Greenbrier  river  or 

4  to  Anthony's  creek,  and  may  acquire  land  not  exceeding  two  hun- 

5  dred  feet  on  the  line  of  said  canal,  except  in  deep  cuts  and  fillings, 

6  and  then  only  so  much  more  as  may  be  necessary,  and  such  other 

7  lands  on  the  line  of  said  canal,  or  at  the  termini  thereof,  as  they 

8  may  require  for  abutments  for  dams  on  said  Greenbrier  river  or 

9  creek,  or  elsewhere  on  said  canal,  or  for  lots  or  buildings  not  exceed- 

10  ing  five  acres;  and  for  reservoirs  to  supply  said  summit  level,  or 

11  increasing  the  depth  of  water  in  said  rivers,  they  may  acquire  any 

12  lands  which  may  be  necessary  for  that  purpose.     And  the  said  com- 

13  pany  may  purchase  the  whole  or  any  part  of  a  tract  of  land,  any 

14  part  of  which  tract  will  be  covered  by  the  water  of  said  reservoirs, 

15  and  may  build  any  dams  and  construct  any  works  which  may  be 

16  necessary  for  the  formation  of  such  reservoirs.     But  any  land  so 

17  purchased  which  shall  not  be  necessary  for  the  convenient  use  and 

18  maintenance  of  said  reservoirs,  shall  be  sold  or  otherw i.se  disposed 

19  of  by  the  said  company  within  five  years  after  the  said  reservoirs 

20  are  completed. 

4.  The  said  company  may  contract  with  the  owners  thereof  for 
2  such    lands   along   their  lino  of  improvement  as  tlioy  are  authorised 


44  Bill  No.  197. 

3  to  acquire  for  the  purpose  of  said  improvement ;  and  the  said  com- 

4  pany  may  also  purchase  from  the  owners  such  small  parcels  of  land 

5  as,  being   cut  off  from  the  main  body  of  the  tract,  would  be  incon- 

6  venient  for  the  owner  to  hold,  and  burdensome  for  the  company  to 

7  connect  by  bridges  with  the  other  lands  of  the  owner,  and  such  other 

8  small  parcels  of  land  lying  convenient  to  the  company's  line  of  im- 

9  provement,  and  containing  quarries  of  stone  or  marble,  water  proof 

10  lime,  coal,  or  other  minerals  which  would  be  useful  to  the  company 

11  in  constructing  and  repairing  their  works  and  carrying  on  their 

12  appropriate  business:  provided,  that  no  one  parcel  of  land  so  to  be 

13  purchased  shall  exceed  one  hundred  acres,  and  that  the  whole  to- 

14  gethcr  shall  not  exceed  two  thousand  acres. 

5.  For  the  purpose  of  assessing  the  damages  to  the  owner  from 

2  the  condemnation  of  his  land  for  the  use  of  the  canal,  or  any  feeder 

3  of  the  canal,  or  for  any  abutment  of  a  dam,  or  for  the  sites  of  toll 

4  houses,  stables  or  other  buildings,  or  for  reservoirs,  there  shall  be  ap- 

5  pointed  by  the  Board  of  public  works  for  the  line  of  the  improve- 

6  ment  extending  from  tide  water  to  Lynchburg,  and  for  the  line  ex- 

7  tending  from  Lynchburg  to  Covington,   and  for  the  line  extending 

8  from  Covington  to  Loup  creek  shoals,   and  for  the  line  extending 

9  from  Loup  creek  shoals  to  the  Ohio  river,   five  assessors  for  each  of 

10  said  divisions,  being  discreet,  intelligent  and  impartial  men,  neither 

11  stockholders  of  the  company  nor  owners  of  any  land  through  which 

12  the  improvements  of  the  company  will  pass ;  who  or   any  three  or 

13  more  of  them,  shall  constitute  a  board  for  the  assessment  of  such 


Bill  No.  197.  45 

14  damages  throughout  the  line  of  the  improvement  on  the  division  for 

15  which  they  are  respectively  appointed.     All  vacancies  in  the  board 

16  of  assessors  shall  be  filled  by  the  Board  of  public  works.     These 

17  assessors  shall  hold  their  offices  during  the  pleasure  of  the  Board  of 

18  public  works,  and  shall  receive,  as  a  compensation  for  their  services, 

19  five  dollars  each  for  every  day  he  shall  be  engaged  in  the  perfor- 

20  mance  of  his  duties,  and  twenty  cents  for  every  mile  he  shall  necessa- 

21  rily  travel  to  and  from  the  place  of  performing  his  duties,  to  be  paid 

22  by  the  company. 

6.  Before  entering  upon  the  duties  of  his  office,   each  assessor 

2  shall  take  an  oath  of  office  before  some  justice  of  the  peace  within 

3  this  commonwealth,  or  before  the  Board   of  public  works,  or  some 

4  member  thereof;  which  being  duly  certified,  shall  be  preserved  among 

5  the  files  of  the  Board  of  public  works,  and  shall  be  to  the  following 

6  effect:  "I,  A  B,  do  solemnly  swear  or  affirm,  that  I  will  impartially 

7  and  justly,  to  the  best  of  my  ability,  perform  the  duties  of  my  office 

8  of  assessor  to  the  Virginia  canal  company :  that  I  will  well  and  truly, 

9  according  to  the  best  of  my  judgment,  ascertain  the  damages  which 

10  will  be  sustained  by  the  proprietor  from  the  condemnation  of  his 

11  land  for  the  use  of  the   company :  that  in  performing  this  duty,  I 

12  will  take  into  fair  consideration  the  quantity  and  quality  of  the  land 

13  to  be  condemcd,  the  additional  fencing  which  will  be  required  thereby, 

14  and  all  other  inconveniences  and  damages,   which   in  my  judgment 

15  will  result  to  the   proprietor   from  the  condemnation  thereof:  that  I 
1*»  \k ill  combine  therewith   a  just    regard  to  the  advantages  which  the 


46  Bill  No.  197. 

17  owner  of  the  land  will  derive  from  the  improvement  for  the  use  of 

18  which  his  land  is  condemned:   and  that  I  will  unite  with  the  other 

19  assessors  in  truly  certifying  our  proceedings  to  the  proper  tribunal." 

7.  It  shall  be  the  duty  of  the  assessors  so  appointed  and  quali- 

2  fied,  whenever   they   shall   be   thereunto  required  on  behalf  of  the 

3  president  and  directors  of  the  company,   at  such    time  as  the   said 

4  assessors  shall  appoint,  and  without  delay,  to  assemble  on  the  land 

5  proposed  to  be  condemned,  and  after  viewing  the  same,  and  hearing 

6  such  proper  evidence  as  either  party  may  offer,  they  shall  ascertain 

7  according  to  the  best  of  their  judgment,  and  in  the  true  spirit  of  the 

8  oath  they  have  taken,  the  damages  which  the  proprietor  of  the  land 

9  -will  sustain  by  the  condemnation  thereof  for  the  use  of  the  company, 

10  regarding  such  proprietor  as  the  owner   of  the  whole  fee  simple  in- 

11  terest  therein.     No  such  proceeding,  however,  shall  be  had  without 

12  consent  of  parties,  unless  ten  days'  previous  notice  of  the  time  and 

13  place  shall  have  been  given  to  the  owner  of  the  land,  or  to  his  guar- 

14  dian,   if  the  owner   be   an   infant,   or   to  the  committee,  the  owner 

15  being  non  compos  mentis,  if  such  owner,  guardian  or  committee,  can 

16  be  found  within  the  county  where  the  land,  or  any  part  thereof,  may 

17  lie;  or  if  he  cannot  be  so  found,  unless  such  notice  shall  have  been 

18  published  at  least  one  month  next  preceding,  in  some  newspaper 

19  printed  as  convenient  as  may  be  to  such  land.     Any  one  or  more  of 

20  the  assessors   attending  on   the  day  appointed,   may  adjourn  from 

21  time  to  time  until  their  business  shall  be  finished. 

8.  When   the  assessors  shall   have  agreed  upon  the  amount  of 


Bill  No.  197.  47 

2  damages,  they  shall  forthwith  make  a  written  report  of  their  pro- 

3  ceedings,  under  their  hands  and  seals,  in  substance  as  followeth : 

4  "We,  the  undersigned,  assessors  to  the  Virginia  canal  company,  for 

5  the  division  from  to  do  hereby  certify,  that  after  due 

6  notice  of  the  day  and  place  appointed  for  our  meeting,  we,  on  the 

7  day  of  ,  that   being   the   day  so  appointed  (or  the 

8  day  to  which  we  were  regularly  adjourned  from  the  day  so  appointed), 

9  met  together  upon  the  lands  of  C  D,  in   the    county   of 

10  which  the  company  aforesaid  propose  to  condemn  for  their  use,  and 

11  after  haying  viewed  the  premises,  and  heard  such  proper  evidence 

12  as  either  party  offered  to  us,  we  proceeded  to  estimate  the  quantity 

13  and  quality  of  the  land  aforesaid,  the  quantity  of  additional  fencing 

14  which  would  probably  be  occasioned  by  its  condemnation,  and  the 

15  following,  which  seemed  to  us  all  the  other  inconveniences  and  darna- 

16  ges  which  were  likely  to  result  therefrom  to  the  proprietor  of  the 

17  said  land — that  is  to  say :  (here  the  particular  inconveniences  and 

18  damages  anticipated  shall  be  plainly  set  down) — that  we   combined 

19  with  these  considerations,  as  far  as  we  could,  a  just  regard  to  the 

20  advantages  which  would  be  derived  by  the  proprietor  of  the  land 

20  from  the  construction  of  the  improvement,  for  the  use  of  which  the 

21  said  land  is  to  be  condemned.     That  under  the  influence  of  these  con- 

22  siderations,  we  have  estimated  and  do  hereby  assess  the  damages 
28  winch  will  be  sustained  by  the  proprietor  of  the  said  lands  from  the 


48  Bill  No.  107. 

24  condemnation  thereof  for   the   use   of   the   company,    at    the   sum 

25  of 

26  "Given  under  our  hands  and  seals  this         day  of 

27  A.  B.  [Seal.] 

28  C.  D.  [Seal.] 

29  E.  F.  [Seal.]" 

30  Such  report,  signed  and  sealed  by  at  least  three  of  the  asses- 

31  sors,  together  with   a  copy  of  the  notice  of  the  time  and  place  of 

32  their  meeting,  duly  verified,   shall  be  forthwith  returned  by  the  as- 

33  sessors  to  the  superior  courtfor  that  county  in  which  the  land,  or  the 

34  greater  part   thereof,   may  lie ;   and  unless  good  cause  be   shown 

35  against  the  report,  it  shall  be  confirmed  by  the  court,  and  recorded 

36  at  the  first  term  to  which  it  shall  be  returned,  or  as  soon  thereafter 

37  as  may  be.     If  the  assessors  be  unable  to  agree  in  their  assessment, 

38  they  shall  report  their  disagreement  to  the  court ;  and  if  from  any 

39  cause  they  shall  fail  to  make  and  return  to  court  a  report  of  their 

40  proceedings  within  a  reasonable  time,  they  may  be  compelled  by 

41  mandamus  or  other  proper  process.     When  the  assessors  report  their 

42  disagreement  to  the  court,  or  when  the  report  of  their  assessment 

43  shall  be  disaffirmed,  the  court  may  in  its  discretion,  as  often  as  may 

44  be  necessary,  remand  the  case  to  the  assessors  for  a  new  report,  or 

45  may,  pro  hac  vice,   supersede  them  or  any  of  them,  and  appoint 

46  others  in  their  stead;  and  in  so  remanding  it,  may  give  such  instruc- 

47  tions  on  the  law  as  may  be  proper. 

9.  On  the  confirmation  of  any  such  report,  and  on  the  payment 


Bill   No.   197.  49 

2  or  tender  to  the  proprietor  of  the  land  of  the  damages  so  assessed, 

3  or  the  payment  of  said  damages  into  court,  when,   for  good  cause 

4  shown,  the  court  shall  so  have  ordered  it,  the  land  viewed  and 

5  assessed  as  aforesaid  shall  be  vested  in  the  Virginia  canal  company, 

6  in  the  same  manner  as  if  the  proprietor  had  sold  and  conveyed  it  to 

7  them. 

10.  While  these  proceedings  are  depending  for  the  purpose  of 

2  ascertaining  the  damages  to  the  proprietor  for  the  condemnation  of 

3  his  land,  and  even  before  they  shall  have  been  instituted,  the  presi- 

4  dent  and  directors,  if  they  think  that  the  interest  of  the  company 

5  requires  it,  may  by  themselves,  their  officers,   agents  and  servants, 

6  enter  upon  the  lands  laid  out  by  them  as  aforesaid,  and  which  they 

7  desire  to  condemn,  and  apply  the  same  to  the  use  of  the  company. 

8  If,  when  they  so  take  possession,  proceedings  to  ascertain  the  dam- 

9  ages  as  aforesaid  shall  be  pending,  it  shall  be  their  duty  diligently 

10  to  prosecute  them  to  a  conclusion;  or  if  none  be  then  pending,  they 

11  shall  without  delay  institute  them,  and  diligently  prosecute  them  to 

12  a  conclusion.     And  when  the  report  of   the  assessors,  ascertaining 

13  the  damages,  shall  be  returned  and  confirmed,  the  court  shall  render 

14  judgment  in  favor  of  the  proprietor  of  the  land  for  the  amount 

15  thereof,  and  either  compel  its  payment  into  court,  or  award  process 

16  of  execution  for  its  recovery,  as  to  them  shall  seem  right.     In  the 

17  mean  time  no  order   shall   be  made,   and  no  injunction  shall  be 

18  awarded,  by  any  court  or   judge,  to  stay  the  proceedings  of  the 

19  company  in  the  prosecution  of  their  works,  unless  it  is  manifest  that 


50  Bill  No.  197. 

20  they,  their  officers,  agents  or  servants,  are  trascending  the  authority 

21  given  them  by  this  act,  and  that  the  interposition  of   the  court  is 

22  necessary  to  prevent  injury  that  cannot  be  adequately  compensated 

23  in  damages. 

11.  If  the  president  and  directors  shall  have  taken  possession  of 

2  any  land  before  the  same  shall  have  been  purchased  by  them,   or 

3  condemned  and  paid  for  according  to  law,  and  shall  for  sixty  days 

4  after  so  taking  possession,   and  after  the  board  of   assessors  shall 

5  have  been  appointed  and  qualified  as  herein  provided,  to  institute 

6  proceedings  for  its  condemnation  as  aforesaid,  it  shall  be  lawful  for 

7  the  proprietor  of  the  land  to  make  application  to  the  assessors ;  and 

8  upon  such  application  it  shall  be  the  duty  of  the  assessors,  upon  ten 

9  days'  previous  notice  given  to  the  president  and  directors,  or  any  of 

10  them,  to  proceed  to  assess  the  damages  to  the  owner  from  the  con- 

11  demnation  of  his  land,  and  to  report  their  proceedings  in  like  man- 

12  ner,  in  all  respects,  as  if   application  had  been  made  to  them  on 

13  behalf  of  the  company  ;  and  upon  such  report,  the  same  proceedings 

14  shall  be  had  in  court  as  if  it  had  been  made  on  the  application  of 

15  the  president  and  directors,  save  only  that  when  such  report  ascer- 

16  taining  the  damages  shall  be  confirmed,  the  court  shall  render  judg- 

17  ment  in  favor  of  the  proprietor  for  the  damages  so  assessed  and 

18  double  costs  ;  and  shall  thereupon  either  compel  the  company  to  pay 

19  into  court  the  damages  and  costs  so  adjudged,  or  award  process  of 

20  execution  therefor,  as  to  them  shall  seem  right. 

12.  When  the  judgment  rendered  for  the  damages  assessed  and 


Bill  No.  197.  51 

2  costs,  shall  be  satisfied  by  the  payment  of  the  money  into  court  or 

3  otherwise,  the  title  of  the  land  for  which  such  damages  were  assessed, 

4  shall  be  vested  in  the  company  in  the  same  manner  as  if  the  proprie- 

5  tor  had  sold  and  conveyed  it  to  them. 

13.  When  the  superior  court  shall  have  pronounced  final  judg- 

2  ment  in  any  proceeding  under  this  act,  it  shall  be  lawful  for  any 

3  party  aggrieved  by  such  judgment,  to  have  the  same  revised  and 

4  reversed  in  the  court  of  appeals,  upon  writ  of  error  or  supersedeas, 

5  for  error  apparent  on  the  record,  in  like  manner  as  other  judgments 

6  of  the  superior  courts  may  be  revised  and  reversed  in  the  court  of 

7  appeals. 

14.  The  judgment  upon  the  report  of  the  assessors  shall  be  no 

2  bar  to  the  recovery  of  damages  for  any  injury  not  foreseen  and 

3  estimated  by  them,  and  accruing  aTter  the  date  of  their  report ;  and 

4  to  recover  damages  for  any  injury  arising  from  the  condemnation  of 

5  his  land,  accruing  after  the  date  of  the  report,  not  foreseen  and 

6  estimated  by  the  assessors,  the  proprietor  of  the  land,  his  heirs  and 

7  assigns,  shall  have  remedy  by  proceeding  before  the  assessors  and 

8  the  courts,  in  like  manner  as  for  the  original  assessment  of  damages ; 

9  and  if  there  be  no  such  assessors,  by  proceeding  before  such  other 

10  tribunal,  and  in  such  manner  as  the  legislature  may  hereafter  pro- 

11  vide :  and  if  there  be  no  such  tribunal,  then  by  action  on  the  case. 

15.  If  the  said  Virginia  canal  company,  in  entering  upon  the 
2  land  of  any  person  under  the  authority  of  this  act,  for  the  purpose 
S  of  laying  out,  constructing  or  enlarging,  altering  or  repairing  any 


52  Bill  No.  197. 

4  of  their  paid  works,  do  any  wanton  or  willful  injury  to  such  land  or 

5  its  appurtenances,  or  to  the  crops  growing  or  gathered,  or  to  any 

6  other  property  thereon,  the  said  company  shall  pay  to  the  person  so 

7  injured  double  the  amount  of  the  damages  which  shall  be  assessed 

8  by  a  jury  in  any  proper  action  therefor. 

Company  may  change  location  ;  proceedings  thereupon. 

16.  Notwithstanding  a  company  may  have  made  a  location  of 

2  lands  for  its  purposes,  and  proceeded  to  ascertain  the  compensation 

3  therefor,  the  company  may  afterwards  change  its  location  from  time 

4  to  time,  as  often  as  it  see  cause;  and  proceedings  may  be  had  to 

5  ascertain  what  will  be  a  just  compensation  for  the  lands  upon  any 

6  such  new  location,  and  the  work  may  be  constructed  upon  or  through 

7  the  same,  and  the  title  to  such  lands  obtained  in  like  manner  as  if 

8  it  were  the  first  location.     But  whenever  such  change  of  location 

9  shall  be  made,  the  title  to  the  lands  condemned  for  the  former  location 

10  shall  revert  to  the  original  owner,  his  heirs  or  assigns ;   and  when 

11  such  change  of  location  shall  be  made  before  the  work  is  constructed, 

12  the  damages  sustained  by  such  owner  by  the  entry  of  the  company 

13  upon  his  lands,  shall  be  ascertained,  and  the  payment  thereof  en- 

14  forced  as  is  herein  provided  when  the  company  condemns  lands  for 

15  its  works. 

Wagon  ivays  for  owners  of  land. 

17.  For  every  person,  through  whose  land  the  roads  or  canals 

2  of  the  company  pass,  it  shall  provide  proper  wagon  ways  across  the 

3  said  roads  or  canals,  from  one  part  of  the  said  land  to  the  other, 

0 


Bill  No.  197.  53 

4  and  keep  such  ways  in  good  repair.     And  if  the  proprietor  of  the 

5  land  and  the  company  disagree  as  to  the  proper  ways,  the  said  asses- 

6  sors  shall  fix  the  same,  reserving  the  right  to  either  party  to  appeal 

7  to  the  circuit  court  of  the  county  in  which  the  said  wagon  ways  are 

8  to  be  made,  which  shall  decide  thereupon,  and  its  decision  shall  be 

9  final. 

Not  to  occupy  streets  in  a  town  ivitlwut  consent. 

18.  The  company  shall  not  occupy  with  its  works  the  streets  of 

2  any  town,   until  the   corporate   authority   of  the  town   shall   have 

3  assented  to  such  occupation,  unless  such  assent  be  dispensed  with  by 

4  special  provision  of  law. 

How  woi'Jc  may  cross  or  be  connected  ivith  another. 

19.  If  said  company  deem  it  necessary,  in  the  construction  of 

2  their  work,  to  cross  any  rail  road,  turnpike  or  canal,  or  any  state  or 

3  county  road,  it  may  do  so ;  provided  its  work  be  so  constructed  as 

4  not  to  impede  the  passage  or  transportation  of  persons  or  property 

5  along  the  same.     If  said  company  desire  that  the  course  of  any  rail 

6  road,  turnpike,  canal  or  state  road  should  bo  altered  to  avoid  the 

7  necessity  of  any  crossing,  or  of  frequent  crossings,  or  to  facilitate 

8  the  crossing  thereof,  the  alteration  may  be  made  in  such  manner  as 

9  may  be  agreed  between  it  and  the  said  rail  road,  turnpike  or  canal 

10  company,  or  the  Board  of  public  works,  in  the  case  of  a  state  road. 

11  And  if  such  construction  or  alteration  as  is  allowed  by  this  section, 

12  shall  cause  damage  to  any  such  company,  or  to  the  owner  of  any 

13  lands,  the  said  company  shall  pay  such  damage.     But  any  county 


54  Bill  No.    197. 

14  road  may  bo  altered  by  said  company  for  the  purpose  aforesaid, 

15  whenever  ,it  shall  have  made  an  equally  convenient  road  in  lieu 

16  thereof. 

How  other  ivories  may  cross  or  he  connected  with  it. 

20.  If  any  rail  road,  turnpike  or  canal  company  deem  it  neccs- 

2  sary  in  the  construction  of  its  work  to  cross  the  works  of  the  Yir- 

3  ginia  canal  company,  it  may  do  so :  provided,  that  in  crossing  the 

4  same  the  navigation  shall  not  be  impeded  or  obstructed,  nor  shall 

5  the  constructions  and  tow  path  of  the  company  be  in  any  manner 

6  interfered  with.     No  such  company  shall  interfere  with  the  route  or 

7  track  for  the  Virginia  canal  company's  water  line  as  heretofore  de- 

8  termined,  without  the  consent  of  said  company. 

Reservation  for  connecting  ivorks. 

21.  The  legislature  reserves  the  right  to  provide  for  connecting 

2  with  the  works  of  said  Virginia  canal  company  any  other  work  of 

3  internal  improvement,  at  such  point  as  may  seem  to  it  proper. 

Hoiv  company  may  take  materials  from  land  for  their  use. 

22.  The  said  company  may,  by  its  officers,  agents  or  servants, 

2  enter  upon  any  convenient  lands  for  the  purpose  of  obtaining  there- 

3  from  wood,  stone,  gravel  or  earth,  to  be  used  in  constructing  such 

4  work,  or  in  repairing,  enlarging  or  altering  the  same.     But  the 

5  company  shall  not  cut  down  any  fruit  tree,  or  any  tree  preserved  in 

6  any  field  or  lot  for  shade  or  ornament,  or  take  part  of  any  fence  or 

7  building ;  nor  take  any  of  the  said  things  from  any  lot  in  a  town. 

8  Before  taking  any  of  the  said  things  the  company,  unless  it  agree 


Bill   No.    197.  55 

9  therefor  with  those  having  right  thereto,  shall  give  to  the  tenant  of 

10  the  freehold,  or  his  tenant  for  years,  at  least  ten  days'  notice  in 

11  writing,  that  at  a  certain  time  and  place,  to  be  specified  in  the 

12  notice,  application  will  be  made  to  a  justice  to  appoint  commissioners 

13  to  ascertain  what  will  be  a  just  compensation  for  the  same.    At  such 

14  time  and  place  the  justice  shall  appoint  three  disinterested  free- 

15  holders  as  commissioners,  who,  after  being  sworn,  shall  view  the 

16  premises,  and  report  in  writing  the  extent  to  which  wood,  stone, 

17  gravel  or  earth  is  proposed  to  be  taken ;  the  nature  of  the  injury 

18  which  may  be  done  in  cutting,  quarrying,  digging  or  carrying  away 

19  the  same,   and  what  will  be  a  just  compensation  therefor.     The 

20  notice  in  writing,  certificate  of  the  commissioners  having  been  sworn, 

21  and  their  report,  shall  be  forthwith  returned  to  the  court  of  the 

22  county  or  corporation.     If  good  cause  be  shown  against  the  report, 

23  or  if  the  commissioners  cannot  agree,   or  fail  to  report  within  a 

24  reasonable  time,  the  court  may,  as  often  as  seems  to  it  proper,  ap- 

25  point  other  commissioners,  who  shall  act  and  report  in  the  manner 

26  before  prescribed.     If  the  report  be  confirmed,  then  upon  the  pay- 

27  ment  to  the  person  entitled  thereto,  or  into  court,  of  the  sum  so 

28  ascertained,  the  company  may  take  and  carry  away  the  wood,  stone, 

29  gravel  or  earth,  for  which  such  compensation  may  have  been  al- 

30  lowed  ;  and  though  the  report  may  not  be  confirmed,  yet  upon  the 

31  payment  into  court  of  the  sum  therein  mentioned,  it  may  proceed 

32  in  like  manner  as  if  the  report  had  been  confirmed,  and  payment 

33  made  of  the  sum  thereby  ascertained.     Upon  the  coming  in  of  a 


56  Bill  No.  197. 

34  new  report,  after  such  payment  into  court,  the  court,  if  it  affirm  the 

35  report,  shall  render  judgment  in  like  manner  as  in  cases  provided 
B6  f  section.     From  the  time  of  any  such  judgment 

37  against  the  company,  its  right  so  to  cut,  quarry,  dig,  take  or  carry 

38  array,  shall  be  suspended  until  the  said  judgment  shall  be  satisfied. 

20.  It  shall  be  the  duty  of  commissioners  appointed  under  the 

2  preceding  section,  if  required  so  to  do  by  the  tenant  of  the  freehold 

3  or  his  tenant  for  years,  to  enquire  in  the  first  place  whether,  under 

4  all  the  circumstances  of  the  case,  it  be  reasonable  and  proper  that 

5  the  company  should  be  alleged,  to  take  for  its  uses  the  timber  or 

6  other  materials  which  it  is  proposed  to  condemn.     If  the  opinion  of 

7  the  commissioners  on  this  point  be  adverse  to  the  company,  they 

8  shall  report  the  same,  with  the  reasons  on  which  it  is  founded,  to 

9  thfc  court  to  which  the  justice  appointing  them  belongs;  and  unless 

10  said  report  be  reversed  and  annulled,  neither  the  commissioners  nor 

11  the  company  shall  have  power  to  proceed  further  under  the  section 

12  aforesaid.     If  the  opinion  of  the  commissioners  on  such  preliminary 

13  question  be  favorable  to  the  company,  and  the  tenant  of  the  freehold 

14  and  his  tenant  for  years,  if  there  be  such,  acquiesce  therein,  they 

15  shall  proceed  to  discharge  the  other  duties  for  which  they  were  ap- 

16  pointed.     But  if  there  be  not  such  acquiescence,  the  commissioners 

17  shall  report  their  opinion,  with  their  reasons  therefor,  to  the  court 

18  aforesaid,  and  shall  not  proceed  further  in  the  discharge  of  their 

19  duties,  unless  their  report  shall  be  confirmed ;  and  either  party  may 

20  appeal  from  the  decision  of  the  said  court  to  the  circuit  court  of  the 

21  county,  in  cases  arising  under  this  and  the  next  preceding  section. 


Bill  No.  197.  57 

Sheriff  or  sergeant  to  attend  and  remove  force. 
24.  In  any  case  in  which  the  company  may  he  entitled  under 

2  this  chapter  to  enter  upon  any  lands,  the  sheriff  or  sergeant,  when- 

3  ever  required  by  the  company,  shall  attend  and  remove  force  if 

4  necessary. 


58  Bill  No.  197 


CHAPTER    V. 

OP  THE  GENERAL  LINE  OF  THE  IMPROVEMENT  J  THE  SECTIONS  AND  DIVI- 
SIONS OF  THE  WORK,  AND  THE  MODE  OF  CONSTRUCTING  AND  REPAIRING 
THE  SAME:    OTHER  WORKS  NOT  TO  BE  INTERFERED  WITH;    REGULATIONS 

FOR  ENLARGEMENT;    TIME    FOR  COMMENCING  AND  COMPLETING  WORKS; 
GUARANTEES  FOR  COMPLIANCE. 

General  line  of  improvement. 
1.  The  Virginia  canal  company  arc  charged  with  the  duty  of 

2  connecting  the  James  river  with  the  navigable  waters  of  the  Ohio, 

3  so  as  to  make  a  continuous  water  line  from  tide  water  at  Richmond, 

4  to  Point  Pleasant  at  the  mouth  of  the  Kanawha  river ;  constructing 

5  the  works  on  the  general  plan  of  the  improvement  which  has  already 

6  been  made  or  designated  for  the  James  river  and  Kanawha  com- 

7  pany's  line,  with  the  modifications  herein  after  prescribed:  the  whole 

8  work  to  be  completed  and  executed  in  a  substantial,  durable  and 

9  workmanlike  manner.    Their  improvement  shall  be  kept  permanently 

10  in  good  repair,  free  and  fit  for  public  use,  according  to  the  provi- 

11  sions  of  this  act;  and  the  works  which  they  shall  construct,  and  the 

12  property  which  they  shall  acquire  under  the  authority  of  law,  shall 

13  be  vested  in  them  and  their  successors  forever,  for  their  own  use  and 
1-1  benefit. 


Bill  No.  197.  59 

Divisions  of  ivork. 
2.  For  the  better  designation  of  the  line,  and  for  ready  refcr- 

2  ence  and  description,  the  improvement  with  which  the  company  is 

3  charged  shall  be  divided  into  divisions  or  sections,  as  follows : 

Richmond  dock. 

4  First — The  Richmond  dock  and  Tide  water  connection,  extend- 

5  ing  from  the  tide  water  to  the  basin  in  Richmond.     The  capacity  of 

6  the  Tide  water  connection  and  Richmond  dock  shall  be  enlarged,  so 

7  as  to  afford  adequate  accommodation  to  the  trade  of  the  line,  by 

8  opening  a  second  communication  with  tide  water  by  the  route  of  the 

9  Haxall  canal  or  other  suitable  route,  to  be  selected  by  the  company, 

10  and  the  right  thereto  to  be  acquired  as  prescribed  in  the  fourth 

11  chapter:  or,  instead  of  that  mode  of  improvement,  by  enlarging  and 

12  doubling  the  present  locks  between  the  basin  and  the  dock,  as  well 

13  as  the  present  ship  lock,  in  such  manner  as  may  be  necessary ;  and 

14  by  constructing  all  such  other  works  as  may  be  necessary  for  cn- 

15  larging  the  capacity  of  the  dock  and  Tide  water  connection  for  the 

16  purpose  aforesaid. 

Division  from  Richmond  to  Lynchburg. 

17  Second — The  first  division  of  the  canal,  extending  from  the 

18  basin  in  Richmond  to  Lynchburg,  including  the   South  side  connec- 

19  t ions,  consisting  of  a  dam   and  an   outlet  lock   at  Cartersvillc,  and 

20  three  bridges,  to  wit:  one  at  New  Canton,  one  at  Ilardwicksville  and 

21  one  at  Bent  Creek,  and  the  connection  on  the  north  side  of  the  river 

22  with  the  improvement  of  the  Rivanna  ril 


60  Bill  No.  197. 

Division  from  Lynchburg  to  Buchanan. 
28  Third — The  second  division  of  the  canal,  extending  from  Lynch- 

24  burg  to  the  town  of  Buchanan,  including  the  connection  with  the 

25  North  river  improvement,  extending  from  the  mouth  of  North  river 
2G  to  the  town  of  Lexington. 

Enlargement  of  the  works  from  Buchanan  to  Richmond. 

27  The  capacity  of  the  improvement  from  Buchanan  to  Richmond 

28  shall  be  enlarged  by  said  company,  by  increasing  the  depth  of   the 

29  water  to  not  less  than  seven  feet  at  any  point,  and  by  increasing  the 

30  dimensions  of  all  the  present  locks  to  not  less  than  one  hundred  and 

31  twenty  feet  long  between  the  gates,  by  twenty  feet  wide  in  the  clear, 

32  or  by  doubling  the  locks,  and  making  the  new  locks  of   the  dimen- 

33  sions  aforesaid.     But  the  increase  in  the  dimensions  or  the  doubling 

34  of  the  locks,  need  not  be  made,  until  the  locks  require  reconstruc- 

35  tion  or  the  trade  of  the  canal  shall  demand  it :  and  the  said  Vir- 

36  ginia  canal  company  may,  if  they  think  proper,  increase  the  width 

37  of  the  canal  from  Richmond  to  Buchanan,  to  seventy  feet  at  the 

38  water  surface,  and  forty-two  feet  at  the  bottom. 

Division  from  Buchanan  to  Covington. 

39  Fourth — The  third  division  of  the  canal,  extending  from  Bu- 

40  chanan,  following  the   valley  of   James   and   Jackson's   rivers,  to 

41  Covington. 

Division  from  Covington  to  Greenbrier  bridge. 

42  Fifth — The  fourth  division  of  the  canal,  extending  from  the  town 

43  of  Covington  to  the  Greenbrier  river. 


Bill  No.  197.  61 

Enlarged  construction  of  locks  and  works  from  Buchanan  west. 

44  The  canal  from  Buchanan,  to  the  Greenbrier  river  shall  be  at 

45  least  thirty  feet  wide  at  the  bottom  and  fifty-one  feet  wide  at  the 

46  water  surface,  and  have  a  depth  of  water  of  not  less  than  seven  feet 

47  at  any  point ;  but  the  width  may  be  increased  to  forty-two  feet  at 

48  the  bottom  and  seventy  feet  at  the  water  surface,   at  the  option  of 

49  the  said  company,  and  the  locks  between  the  said  points  shall  be  not 

50  less  than  one  hundred  and  twenty  feet  long  between  the  gates,  by 

51  twenty  feet  wide  in  the  clear. 

Division  from  Crreenbrier  bridge  to  Loup  creek  shoals. 

52  Sixth — The  fifth  division,  being  the  Greenbrier  and  New  rivers, 

53  extending  from  the  intersection  of   the  canal  with  the  Greenbrier 

54  river  to  the  foot  of  Loup  creek  shoals  on  the  Kanawha  river.     The 

55  improvement  on  this  division  shall  be  of  locks  and  dams  adapted  to 

56  steam  boat  navigation.     The  locks  shall  be  not  less  than  two  hundred 

57  feet  long  between  the  gates,  by  forty  feet  wide  in  the  clear,  and 

58  there  shall  be  a  depth  of  water  in  the  locks  at  all  times  of  at  least 

59  seven  feet,  and  in  the  pools  of  not  less  than  seven  feet  at  any  point 

60  along  a  continuous  channel,  at  least  one  hundred  feet  wide. 

61  Seventh — The  sixth  division,  composed  of  the  Kanawha  river, 

62  extending  from  Loup  creek  shoals  to  its  mouth  on  the  Ohio  river. 

Mode  of  improvement  on  Kanawha  river. 
3.    The  said  company  is  required  to  improve  the  Kanawha  river 

2  from  Lykens'  shoals  to  its  mouth,  in   such  manner  and  upon  sueh 

3  plan  08  they  may  adopt,  so  as  to  secure  a  depth  of  water  of  not  loss 


62  Bill  No.  197. 

4  than  six  feet  at  intervals  not  exceeding  ten  days,  at  all  seasons  of 
'>  the  year:  the  channel  through  the  shoals  to  be  not  less  than  eighty 

6  feet  wide  at  the  bottom,  and  one  hundred  and  four  feet  wide  at  the 

7  top. 

Division  embracing  Kanawha  turnpike. 

4.  That  part  of  the  work  heretofore  a  part  of  the  James  rivet 

2  and   Kanawha  company's  -work,  embracing  the   Kanawha   turnpike 

3  road,  extending  from   Covington  to  the  mouth  of  the   Big   Sandy 

4  river,  with  the  branch  thereof  from  Barboursville  to  Guayandottc, 

5  shall  constitute  the  sixth  division. 

Division  embracing  Blue  Ridge  turnpike  and  ferry. 

5.  That  part  of  the  same  improvement,  embracing  the  Blue 

2  Ridge  turnpike  and  ferry ;  the  turnpike  extending  from  the  mouth 

3  of  the  North  river,  over  the  Blue  Ridge,  crossing  James  river  by  a 

4  ferry,  and  passing  down  the  south  side  of  the  river,  shall  constitute 

5  the  seventh  division. 

Repairs  and  preservation  of  turnpikes. 

6.  The  said  Virginia  canal  company  shall  at  all  times  keep 

2  open  and  in  good  repair  both  of  said  roads  and  keep  up  said  ferry, 

3  or  substitute  a  bridge  therefor,  and  shall  establish  such  toll  gates 

4  thereon  as  they  may  deem  proper.     They  may  also  adopt  by-laws 

5  and  regulations  prescribing  a  system  for  the  repair  and  preservation 

6  thereof,  and  for  the  transaction  of  business  conuected  therewith,  in 

7  conformity  with  the  powers  herein  before  granted. 


Bill  No.  197.  03 

Mode  of  improvement  of  canal  and  locks. 

7.  All  that  part  of  the  improvement  which  shall  consist  of  a 

2  continuous  canal  and  locks,  shall  in  all  its  parts,  except  as  herein 

3  before  prescribed  in  this  chapter  be  at  least  fifty  feet  wide  at  top, 

4  and  thirty  feet  wide  at  bottom,  with  not  less  than  five  feet  depth  of 

5  -water  at  all  seasons  of  the  year  ;  shall  be  provided  with  a  conve- 

6  nient  tow  path  at  least  twelve  feet  wide,  and  adapted  throughout  its 

7  whole  extent  to  the  navigation  of  boats  of  not  less  than  100  tons 

8  burden.     To   avoid  very  great  expense   at  difficult  passes,  and  to 

9  furnish  proper  accommodation  to  the  trade  on  both  sides  of  the 

10  rivers  to  be  improved  as  herein  provided,  the  width  may  be  reduced 

11  at  such  places,  and  the  bed  of  the  said  rivers  shall  occasionally  be 

12  used  as  part  of  the  line  of  navigation  when  the  refluent  water  from 

13  the  dams  will  admit  the  convenient  application  of  horse  power.    The 

14  canal,  at  its  lower  termination,  shall  continue  to  be  connected  with 

15  the  tide  water,  so  as  to  enable  the  boats  which  usually  navigate  it 
1l>  with  their  cargoes,  at  all  times  conveniently  to  pass  into  tide  water, 
17  and  descend  the  river  or  return. 

Repairs  of  works  from  Richmond  to  Buchanan. 

8.  The  Virginia  canal  company   shall   clear  out  the  deposits  in 

2  the  present  line  from  Richmond  to  Buchanan,   and  repair  all  the 

3  present  works ;   that  is,  embankments,  aqueducts,  bridges,  culverts, 

4  waste  weirs,  locks,   dams,   houses  and  structures   of  every  kind,  rc- 

5  pairing  those  wanting  repairs  only,  and  building  anew  the  works 


64  Bill  No.  19T. 

G  requiring  to  be  built,  bo  that  the  whole  lino  from  Richmond  to  Buch- 

7  anan  shall  be  of  a  depth  of  not  less  than  five  feet  at  any  point,  and 

8  in  all  respects  in  a  perfect  state  of  repair. 

';/r  boats;  extra  lock  gates  and  weigh  I 

9.  They  shall  keep  on  all  the  line  a  sufficient  number  of  dredge 

2  boats  to  keep  the  water  way  continually  free  from  deposit  and  ob- 

3  structions  of  every  kind,  and  a  sufficient  number  of  extra  lock  gated 

4  and  wickets  ready  to  be  inserted  in  case  of  accident.     They  shall 

5  likewise  have  weigh  locks  at  not  less  than  three  points  on  the  line. 

Change  of  line,  hoiv  obtained. 

10.  The  line   of  the   improvement  and  the  proportion  of  canal 

2  and  slack  water  navigation  shall  continue  according  to  the  present 

3  arrangement  of  the  works,  where  they  have  been  executed,  and  ac- 

4  cording  to  the   plan   which  has  been  heretofore  adopted  for  the  im- 

5  provement  by  the  James  river  and  Kanawha  company;  and  where 
G  the  bed  of  Jackson's  river  is  used,  and  upon  the  Kanawha  river,  the 

7  water  of  these  rivers  shall  not  be  raised  by  dams  so  as  to  be  above 

8  their  banks,  but  with  the  consent  of  the  Board  of  public  works. 

9  But  if  the  said  company  shall  desire  or  find  it  necessary  to  change 

10  materially  the  general  line  of  their  improvement,  or  the  mode  of 

11  improvement  on  either  of  the  divisions  not  now  in  use  for  transpor- 

12  tation,  they  shall  report  the  alteration  deemed  by  them  to  be  ncces- 

13  sary,  with  plans  and  specifications  therefor,   to  the  Board  of  public 

14  works.     If  the  alteration  be  approved  by  said  board,  after  a  full  in- 

15  vestigation  of  all  the   circumstances  connected  therewith,  the  com- 


Bill  No.  197.  65 

16  pany  may  proceed  with  the  work,  and  may  obtain  the  right  of  way  for 

17  the  new  line  in  the  manner  prescribed  in  the  preceding  chapter  for 

18  the  acquisition  of  land  and  materials,  upon  paying  all  damages  as- 

19  sessed  as  prescribed.     But  if  the  Board  of  public  works  shall  deem 

20  the  proposed  alteration  injurious  to  the  interests  of  the  state,  or  of 

21  such  a  character  as  to  prove  a  nuisance  to  the  locality  in  which  the 

22  alteration  is  desired,  they  shall  have  authority  to  prohibit  the  same; 

23  and  thereafter  the  company  shall  be  confined  to  the  route  now  pre- 
21  scribed,  and  to  the  mode  of  improvement  heretofore  selected.     And 

25  the  circuit  court  of  the  county  in  which  the  change  is  proposed  to 

26  be  made,  after  the  decision  of  the  Board  of  public  works  is  rendered, 

27  may  award  an  injunction  to  prevent  the  said  company  from  execu- 

28  ting  any  work  upon  the  alteration  proposed,  and  not  authorized  as 

29  aforesaid. 

Not  to  interfere  with  Central  rail  road. 

11.  The  company  shall  not,  even  with  the  consent  of  the  Board 

2  of  public  works,  make  any  alteration  in  their  location  on  Jackson's 

3  river,  at  or  near  Clifton  Forge,  by  which  any  injury  may  result,  or 

4  any  change  be  rendered  necessary  in  the  location  of  the  Central 

5  rail  road ;  but  if  any  alteration  be  proposed,  the  same  may  be  made 

6  with  the  assent,  or  by  agreement  with  the   said  rail  road  company ; 

7  and  if  the  two  companies  cannot  agree,  the  change  desired  shall  be 

8  reported  to  the  general  assembly,  and  shall  not  be  made  unless  au- 

9  thorized  by  law. 


66  Bill  No.  107. 

Or  with  Covington  and  Ohio  raU  road. 

12.  And  in  like  manner,  no  alteration  shall  be  made  in  the  loca- 

2  tion  of  the  company's  line  on  Dunlap's  creek,  by  which  any  injury 

3  may  result  or  any  interference  be  made  with  the  location  of  the 

4  Covington  and  Ohio  rail   road;  but  if  any  alteration  be  proposed, 

5  and  the  two  companies  cannot  agree,  the  change  desired  shall  only 
G  be  made  by  authority  of  the  general  assembly  as  aforesaid. 

Navigation  not  to  be  interrupted  to  make  enlargement. 

13.  In  the  enlargement  of  the  canal,  increasing  its  depth  to 

2  seven  feet,  and  extending  the  length  of  the  locks  as  herein  before 

3  prescribed,  the  said  company  shall  proceed  in  such  manner  as  not 

4  to  interrupt  the  navigation  on  the  line  of  their  improvement  for  a 

5  longer  period  than  two  months  at  any  time,  nor  oftcner  than  three 

6  times  in  any  one  year.     And  to  insure  a  compliance  with  this  pro- 

7  vision,  they  shall,  before  obstructing  the  trade  on  the  canal  for  any 

8  such  purpose,  make  report  to  the  Board  of  public  works  of  their 

9  readiness  to  make   either  of  the  alterations  contemplated;  and  if 

10  said  board  arc  satisfied  that  ample  means  have  been  provided  for  a 

11  speedy  execution  of  the  work,  and  that  the  company  have  all  the 

12  necessary  materials  for  the  new  locks,  aqueducts,  culverts,  bridges, 

13  and  other  works,  prepared  and  ready  for  use  on  the  locality  where 

14  wanted,  and  that  all  the  excavation,  embankment  and  walling  that 

15  can  be  done  while  the  water  is  yet  in  the  canal,  has  been  executed, 

16  and  that  a  force  adequate  to  accomplish  the  work  with  the  cxpedi- 

17  tion  necessary  for  the  protection  of  the  interests  of  the  state,  has 


Bill  No.  197.  07 

18  been  provided,  then  they  shall  authorize  the  same  to  be  forthwith 

19  done.     And  if  the  said  company  shall  not  complete  the  same  so  as 

20  to  restore  the  navigation,  within  the  time  specified,  the  said  board 

21  shall  proceed  against  the  said  company  in  the  circuit  court  of  the 

22  county  where  the  proposed  work  lies,  by  motion,  on  ten  days'  notice ; 

23  and  if  the  court  be  satisfied  that  the  work  has  not  been  delayed  by 

24  unavoidable  cause,  they  shall  impose  a  fine  upon  said  company  of 

25  not  less  than  one  hundred  nor  more  than  one  thousand  dollars  for 

26  every  week's  delay  beyond  the  time  specified. 

Time  for  commencing  and  completing  ivorks. 

14.   The  said  Virginia  canal   company  shall,  within  six   months 

2  from  the  time  of  their  organization  under  this  act,  commence  bona 

3  fide  their  works  of  construction  at  Buchanan,  proceeding  westward, 

4  and  also  on  the  Kanawha  river  (as  soon  as  they  shall  obtain  posscs- 

5  sion  thereof),  and  the  repairs  of  the  line  between  Richmond  and 

6  Buchanan  at  the  same  time,  and  shall  complete  the  construction  of 

7  the  line  to  Covington,  and  the  repairs  of  the  line  from  Richmond  to 

8  Buchanan,   -within   three   years   from   the  time  of   commencement 

9  aforesaid,  and  complete  the  Kanawha  improvement  from  Loup  creek 

10  shoals  to  the  mouth  of  the  river,  within  four  years  from  the  time  of 

11  commencement  aforesaid;  and  shall  complete  the  entire  line  from 

12  Richmond  to  the  mouth  of  the  Kanawha  river,  in  all  respects,  except 

13  the  enlargement  of  the  capacity  of  the  canal  from  Richmond  to 

14  Buchanan,  within  eight  years  from  the  time  of  commencement ^forc- 

15  said;  and  shall  complete  the  enlargemenl   "i  the  capacity  of  tin* 


68  Bill  No.  107. 

10  canal  from  Richmond  to  Buchanan,  by  deepening  the  canal,  as  herein 

17  before  provided,  'within  ten  years  from  the  said  time  of  commenee- 

^8  incut. 

Guarantees  for  eompUan 

15.  As  a  further  guarantee  for  the  faithful  compliance  'with  the 

2  provisions  of  this  act.  the  said  Bellot   des   Minieres,   Brothers   and 

3  Company  -hall  deposit  with  the  treasurer  of  this  Btate   the  sum  of 

4  one  million  of  dollars  in  the  six  per  cent,  registered  stock  of   the 

5  commonwealth,  to  he  held  by  him  upon  the  following  terms  and  con- 

6  ditions,  that  is  to  say:  The  interest  upon  the  said  stock  -while  on 

7  deposit  shall  he  paid  to  the  said  Bellot  des  Minieres,  Brothers  and 

8  Company.     When  the  canal  shall  have  hecn  completed  to  the  mouth 

9  of  Craig's  creek,  one-half  of  the  said  sum  shall  be  returned  to  the 

10  said  company;  and  when  the  entire  line  shall  have  been  completed, 

11  in  the  manner  before  mentioned,  to  the   Ohio   river,    if    within   the 

12  time  prescribed,  the  other  half  shall  be  returned  to  the  said  com- 

13  pany:   provided  the  annuity  to  the  state  of   Virginia,    and   the   five 

14  per  centum  interest  to  the  private  stockholders,  hereinbefore  pro- 

15  vided  for,  shall  have  been  punctually  paid;  and  if  the  same  shall 

16  not  have  been  punctually  paid,  then  so  much  of  the  said  sum  of  one 

17  million  of  dollars  as  may  be  necessary,  shall  be  appropriated  to  the 

18  payment  of  the  same,  and  the  residue  returned  to  the  said  Bellot 

19  des  Minieres,  Brothers   and   Company.     But   if   the  said  company 

20  shall  fail  to  complete  the  construction  of  the  line  to  Covington,  and 

21  the  repairs  of  the  line  from   Richmond   to  Buchanan,   within    three 


Bill  No.  197.  G9 

22  years  from  the  time  of  the  commencement  herein  prescribed,  or 

23  shall  fail  to  complete  the  Kanawha  improvement  from  Loup  creek 

24  shoals  to  the  mouth  of  the  river,  within  four  years  from  the  time  of 

25  commencement,   herein  prescribed ;    or  shall  fail  to   complete  the 

26  entire  line  from  Richmond  to  the  mouth  of  the  Kanawha  river,  in 

27  all  respects,  except* the  enlargement  of  the  capacity  of  the  canal 

28  from  Richmond  to  Buchanan,  within  eight  years  from  the  time  of 

29  commencement,  herein  prescribed ;    or   shall   fail   to  complete  the 

30  enlargement  of  the  Richmond  dock  and  Tide  water  connection,   as 

31  well  as  the  deepening  of  the  canal  to  Buchanan,  within  ten  years 

32  from  the  time  of  commencement,  herein  prescribed,  the  said  sum  of 

33  one  million  of  dollars  shall .  be  retained   and  paid  to  the   common- 

34  wealth  of  Virginia,  as  stipulated  damages  in  money  for  such  failure ; 

35  and  all  the  work  which  may  have  been  done  in  repair  and  construc- 

36  tion,  as  well  as  all  the  rights  which  the  said  Virginia  canal  com- 

37  pany  shall   have  acquired  in  the  property  and  franchises  of  the 

38  James  river  and  Kanawha  company,  shall  be  vested  in  and  revert 

39  to  the  latter  company,  under  the  laws  in  force  at  the  time  this  act 

40  takes  effect ;  which  company  shall  be  thereupon  reinstated  in  all  its 

41  rights,  and  be  subject  to  all  the  liabilities,  as  if  this  arrangement 

42  had  never  been  made ;  and  shall  have  full  right  and  authority  to 

43  re-enter  upon  and  resume  the  control  of  the  whole  line  of  improve- 

44  ment,  as  prescribed  in  this  and  in  the  tenth  chapter. 

James  river  tmd  Kanawha  company  restored  to  its  rights. 

For  ill'1  purpose  specified  in  tli«'  preceding  section,  ;i  general 


70  Bill  No.  197. 

2  meeting  of  tlio  stockholders  of  the  said  Jamefl  river  and  Kanawha 

3  company,  existing  at  the  time  this  act  take-  effect,  or  their  Bucces- 

4  son  and  assigns,  shall  be  convened  by  the  Board  of  public  works; 

5  at  which  meeting  the  company  shall  be  organised,  as  heretofore  pre- 
C  scribed  by  its  charter :  provided,  however,  that  if  the  said  Virginia 

7  canal  company  Bhall  be  nnable  to  complete  the  said  water  line  im- 

8  provement  from  Richmond  to  the  Ohio  river,  within  eight  year-  as 

9  aforesaid,  or  to   complete  the  enlargement  of   the  Richmond  dock 

10  and  Tide  -water  connection,  and  deepening  of  the  canal  from  Rich- 

11  mond  to  Buchanan,  within  ten  years  as  aforesaid,  they  may  have 

12  t\v<»  years'  extension  of  time  in  each  case,  by  paying  into  the  trea- 
ts sury  of  the  commonwealth  of  Virginia,  for  the  said  commonwealth, 

14  before  the  expiration  of  the  said  period  of  eight  years,  a  half  million 

15  of  dollars,  if  they  require  the  extension  of  time  for  the  completion  of 
1G  the  water  line  as  well  as  for  the  said  enlargement;  or  by  paying  one 

17  hundred  thousand  dollars  before  the  expiration  of  ten  years,  if  they 

18  require  the  extension  of  time  only  as  to  the  enlargement  aforesaid  ; 

19  which  said  sums  shall  be  as  liquidated  damages,  to  be  paid  to  the 

20  said   commonwealth  in  the  contingencies   aforesaid,  for  the  Loss  sus- 

21  tained  by  such  delay  or  delays  in  the   completion  of  the  said  works, 

22  as  herein  required:    provided,  however,   that   if  the  said  Virginia 

23  canal  company  shall   have  proceeded   in  good  faith  to  execute  the 

24  said  works,  then  the  general  assembly  may  suspend  the  effect  of  the 

25  provisions  above  set  forth  as  to  the  stipulated  damages  aforesaid, 
2G  and  the  vesting  and  reverter  aforesaid,  and  allow  to  the  said  com- 
27  pany  such  further  time  as  to  it  may  seem  just  and  proper,  to  com- 


Bill  No.  197.  71 

28  plete  the  said  works,  providing  for  the  enforcement  of  the  provisions 

29  suspended,  in  case  of  a  second  failure  of  said  company  to  comply 

30  with  the  terms  required  by  law. 

Commissioner  to  see  whether  charter  is  observed  or  violated. 

17.    To  insure  a  compliance  with  the  provisions  of  this  charter, 

2  it  shall  be  lawful  for  the  Board  of  public  works  or  the  executive  at 

3  any  time  to  appoint  a  commissioner,  who  shall  not  be  a  stockholder 

4  nor  a  creditor,  nor  debtor  of  said  company,  whose  duty  it  shall  be 

5  to  examine  the  proceedings  of  the  said  company,  and  for  that  pur- 

6  pose,  the  books  and  records  of  the  company  shall  be  open  to  his  in- 

7  spection,  and  also  to  examine  the  works  authorized  to  be  constructed 

8  and  repaired ;  and  if  he  shall  deem  that  any  of  the  requirements  of 

9  the  charter  have  been  violated,  or  omitted  to  be  complied  with,  he 

10  shall  report  the  same  to  the  Board  of  public  works  or  the  executive, 

11  who,  if  they  deem  it  of  sufficient  importance,  shall  cause  proceed- 

12  ings  to  be  instituted  against  said  company  by  quo  warranto,  in  the 

13  circuit  court  of  the  city  of  Richmond :  and  upon  complaint  or  oath 

14  by  any  person  navigating  the  said  line  of  improvement,  or  any  part 

15  of  it,  to  the  Board  of  public  works,  that  any  part  of  said  line  speci- 
1(5  fied  in  such  complaint  is  so  out  of  repair  as  materially  to  injure  the 

17  navigation  in  such  part  of  the  line,  the  Board  of  public  works  may 

18  appoint  a  commissioner  to  examine  the  same,  who  shall  report  in 
1!»  writing  the  condition  of  said  lino  at  the  part  specified  in  the  com- 

20  plaint.     If  he  shall  report  that  the  complaint  is  not  well  founded, 

21  and  his  report  is  approved  by  the  board,  the  complainant  shall  pay 


72  Bill  No.  197, 

22  to  said  commissioner  five  dollars  per  day  for  every  day  he  was  em- 

28  ployed  in  making  and  reporting  upon  Baid  examination.     But  if  he 

•.11  report  that  it  is  well  founded,  and  the  report  is  approved  by 

2~>  the  board,  the  company  shall  pay  to  the  said  commissioner  the  per 

26  diem  compensation  aforesaid.    And  the  Board  of  public  works  may, 

27  upon  receiving  such  report,  direct  proceedings  by  motion  in  the 

28  county  court  of  the  county  in  which  the  obstruction  exists,  and  rc- 

29  cover  from  the  said  company  a  fine  or  fines  not  exceeding  $500  for 
BO  every  week  the  company  shall  fail  to  make  the  repairs  necessary; 
81  and  such  motion  may  he  repeated  at  the  discretion  of  the  Board  of 

public  works,  until  such  repairs  are  made. 


Bill  No.  197.  73 


CHAPTER    VI. 

OF    THE    ASSESSMENT    AND    COLLECTION    OF   TOLLS  ;     AND    REGULATIONS 

RELATING   THERETO. 

Use  of  works  on  faying  tolls. 

1.  The  Virginia  canal  company,  upon  all  those  parts  of  their 

2  line  of  improvement  transferred  by  this  act,  upon  which  tolls  have 

3  heretofore  been  allowed  and  received  by  the  James  river  and  Ka- 

4  nawha  company,  shall  hold  the  same,  free  for  the  use  of  all  persons 

5  whatever,  and  shall  be  authorized  to  demand  and  receive  on  such 

6  persons  and  their  property,  the  tolls  prescribed  herein,  in  the  mode 

7  and  within  the  limits  hereafter  provided. 

2.  Whenever  a  section  of  ten  miles  in  length,  not  heretofore  in 

2  use,  shall  be  completed,  and  be  opened  for  navigation  in  the  manner 

3  prescribed  by  this  act,  upon  any  portion  of  the  canal  proposed  to  be 

4  made,  the  same  shall  be  free  for  the  use  of  all  persons  and  their  pro- 

5  perty,  upon  paying  the  Lawful  tolls  and  conforming  to  the  rules  and 

6  regulations  of  the  company. 

3.  In  like  manner,  when  the  improvements  in  the  navigation  of 
2  the  rivers  hereby  authori Bed  shall  have  been  made,  their  navigable 

8  waters  shall  be  public  highways,  free  for  the  use  of  all  persons  and 

10 


71  Bill  No.  107. 

4  their  property,  upon  paying  the  lawful  tolls,  and  conforming  to  Baid 

5  rules  and  regulations. 

1.    The  Baid  company  Bhall  hold,  in  like  manner,  the  Kanawha 

2  turnpike,  and  the  Blue  Ridge  turnpike  and  ferry,  free  for  the  u 

3  all  persons  and  their  property,  upon  paying  the  lawful  tolls,  and 

4  conforming  to  said  rules  and  regulations. 

5.    In  like  manner,  all  bridges  or  ferries   heretofore  the  property 

2  of  the  .-aid  James   river  and  Kanawha  company,  and  all   rights   to 

3  construct  other  hridges  or  to  purchase  other  ferries,  granted  to  said 

4  company  before  the  passage  of  this  act,  and  which  have  not  yet  been 

5  constructed  or  purchased,  and  which  by  this  charter  Bhall  pass  to 
G  the  said  Virginia  canal  company,  shall  be  held  by  them,  free  for  the 

7  use  of  all  persons  and  their  property,  upon  paying  the  lawful  tolls, 

8  and  conforming  to  said  rules  and  regulations. 


- 


Q-eneral  r<itrs  of  toll. 

G.  The  tolls  on  the  line  may  be  regulated  by  the  Virginia  canal 

2  company,  subject  to  the  approval  of  the  Board  of  public  works,  or 

3  such  other  authority  as  the  general  assembly  of  Virginia   may  sub- 

4  stitute  for  the  control   and   superintendence  of  the  public  works  of 

5  Virginia,  within  the  limits  prescribed  by  this  section.     In  the  mean 

6  time,  the  said  Virginia  canal  company  may  prescribe  such  a  tariff  of 

7  tolls  as  they  may  deem   expedient:  provided,  that  during  the  con- 

8  struction  of  the  work,  the  tolls  shall  not  exceed  two  and  a  half  cents 

9  per  ton  per  mile,  nor  be  less  than  one  cent  per  ton  per  mile  on  mer- 
10  chandise  and  manufactures,  except  salt  and  pig  iron,  on  which  the 


Bill   No.   197.  75 

11  tolls  shall  not  be  more  than  seven  and  a  half  nor  less  than  two  and 

12  a  half  mills  per  ton  per  mile;  shall  not  exceed  one  and  a  half  cent 

13  per  ton  per  mile,  nor  be  less  than  five  mills  per  ton  per  mile  on  agri- 

14  cultural  products;  shall  not  exceed  one  cent  per  ton  per  mile,  nor 

15  be  less  than  two  mills  per  ton  per  mile  on  products  of  mines  and 
1G  forests,  except  [salt  and  pig  iron ;  and  after  the  completion  of  the 
17"  improvement  to  the  Ohio  river,  shall  not  exceed  two  cents  per  ton 

18  per  mile,  nor  be  less  than  five  mills  per  ton  per  mile  on  merchandise 

19  and  manufactures,  except  salt  and  pig  iron;  shall  not  exceed  one 

20  cent  per  ton  per  mile,  nor  be  less  than  two  and  a  half  mills  per  ton 

21  per  mile  on  agricultural  products;  and  shall  not  exceed  five  mills  per 

22  ton  per  mile,  nor  be  less  than  one  mill  per  ton  per  mile  on  products 

23  of  mines  and  forests,  and  on  salt  and  pig  iron:  provided,  that  the 

24  Virginia  canal  company  may  reduce  the  tolls  on  the  through  freight 

25  below  the  minimums  fixed  in  this  act;  but  when  the  tolls  are  so 

26  reduced  on  through  freight  going  east,  it  shall  apply  also  to  freight 

27  going  east  from  any  point  on  the  Kanawha  river  below  the  mouth  of 

28  the  Gauley  river :  and  provided  further,  that  the  toll  may  be  brought 

29  below  the  minimum  rate  on  any  article,  by  the  Virginia  canal  com- 

30  pany,  with  the  consent  of  the  said  board,  or  other  authority;  and 

31  provided  moreover,  that  from  the  time  the  works  on  the  Kanawha 

32  river  are  delivered  to  the  Virginia  canal  company,  the  tolls  on  the 

33  way  tonnage  on  that  river  not  passing  on  the  line  of  the  improve- 

34  ment  east  of  the  Great  falls,  shall  not  exceed  one  cent  per  ton  per 

35  mile,  nor  be  less  than  two  and  a  half  mills  per  ton  per  mile  on  mer- 


7H  Bill  No.  197. 

3G  chandisc  and  manufactures,  except  salt  and  pig  iron;  shall  [not  ox- 

37  cecd  one-half  cent  per  ton  per  mile,  nor  be  lean  than  one  and  a 

luarter  mills  per  ton  per  mile  on  agricultural  products;  and  shall 

39  not  exceed  two  and  a  half  mills  per  ton  per  mile,  nor  lie  less  than 

40  one-half  mill  per  ton  per  mile  on  products  of  mines  and  forests  and 

41  on  salt  and  pig  iron. 

Tolls  on  tin1  Kanawha  turnpike  and  the  Blur   Ridge  turnpike,  and  on 

bridges  and  ferries. 

7.  The  said  Virginia  canal  company  shall  have  authority  to 

2  demand  and  collect  on  the  Kanawha  turnpike  and  on  the  Blue  Ridgo 

3  turnpike  such  tolls  as  they  may  assess  on  each  section  of  ten  miles, 

4  not  exceeding  three  cents  for  every  animal  drawing  any  vehicle 

5  thereon,  and  six  cents  for  every  wheel  to  any  such  vehicle  ;  ten  cents 
G  for  every  person  on  horschack  ;  three  cents  for  every  horse  or  mule; 

7  one  cent  per  head  for  neat  cattle,  and  five  cents  per  score  of  hogs 

8  or  sheep. 

8.  They  may  assess  and  collect,  in  like  manner,  toll  upon  any 

2  bridge  herein  before  transferred  to  them,  upon  which  toll  has  hcrc- 

3  tofore  been  allowed,  except  as  herein  after  provided,  a  maximum  toll 

4  not  exceeding  three  cents  for  every  animal  drawing  any  vehicle  over 

5  the  same,  and  six  cents  for  every  wheel  to  any  such  vehicle ;  ten 

6  cents  for  every  person  on  horseback ;  three  cents  for  every  horse  or 

7  mule;  one  cent  per  head  of  neat  cattle,  and  ten  cents  for  every 

8  score  of  sheep  or  hogs. 

Toll  on  boats  and  passengers. 

9.  The  said  company  may  also  demand  and  collect,  on  any  part 


Bill  No.  197.  77 

2  of  their  water  line,  such  tolls  as  they  may  asses,  on  boats  and  other 

3  water  craft,  not  exceeding  five  mills  per  mile,  and  on  passengers 

4  conveyed  by  any  person  or  company  for  compensation,  two  mills  per 

5  mile  on  each  passenger.     But  if  any  company  or  person,  in  order 

6  to  carry  on  a  competition  with  any  other  company  or  person,  shall 

7  carry  passengers  without  compensation,-  when  it  is  their  business  to 

8  convey  passengers,  such  company  or  person  shall  not  be  exempt 

9  from  such  toll. 

Contracts  for  paying  toll  quarterly,  or  commuting  tolls. 

10.  The  said  company  may  contract  with  citizens  residing  on 

2  any  section  of  their  water  line,  or  on  the  line  of  the  Kanawha  or 

3  Blue  Ridge  turnpike,  for  the  payment  of  their  tolls  quarterly  in 

4  advance,  or  by  the  month  or  year,  also  with  mail  contractors,  upon 

5  such  terms  and  under  such  regulations  as  they  may  prescribe ;  or 

6  they  may  commute  the  tolls  with  any  person,  taking  of  him  a  certain 

7  sum  annually  in  lieu  of  tolls. 

Exemptions  from  toll. 

11.  The  general  assembly,  while  the  said  works  were  in  posscs- 

2  sion  of  the  James  river  and  Kanawha  company,  having  exempted 

3  certain  persons  and  things  from  the  payment  of  toll  at  sundry  places 

4  on  the  line  of  improvement,  the  said  cxeptions  are  continued  as 

5  follows,  to  wit : 

1'2.    No  toll  shall    hereafter   be  taken   from   persons    crossing 

2  Greenbrier  or  Gauly  bridges  in  a  public  stage  coach  or  other  riding 

3  carriage,  other  than  the  toll  imposed  by  said  company  on  such  stage 

4  coach  or  riding  carriage,  and  the  horses  or  other   team  drawing  the 


78  Bill  No.  197. 

5  same.  No  toll  Bhall  be  demanded  of  visitors  at  the  springs,  when 
G  riding  or  passing  out  and  in  from  or  to  the  spring-  for  exercise,  ex- 
7  cept  for  passing  Greenbrier  bridge. 

IS;    The  roads  and  bridges  which  have  been  constructed  to  pro- 

2  vide  accommodation  for  the  trade  of  the  south  side  of  James  river, 

3  shall  continue,   as  heretofore  required,  to  be  free  for  the  use  of  all 

4  persons  and  things  going  to  the  canal  for  the  purpose  of  being  trans- 

5  ported  upon  it,  or  going  from  the  canal  immediately  after  having 

6  been  transported  upon  it,  and  conforming  to  the  lawful  rules  and  re- 

7  gulations  of  the  company ;  but  a  reasonable   toll,   within  the  limit 

8  herein  before  prescribed,  may  be  demanded  and  collected  upon  all 
0  other  persons  and  things  using  the  same  for  other  purposes. 

14.  If  the  said  company  shall  erect  a  bridge  between  their  canal 

2  and  the  county  of  Powhatan,  at  or  near  the  town  of  Jefferson,  or  at 

3  or  near  the  town  of  Jackson  in  the  county  of  Botetourt,  no  toll  shall 

4  be  charged  on  said  bridges  against   any  person  going  to  or  coming 

5  from  their  canal,  and  the  tolls  charged  upon  other  persons  shall  be 

6  as  the  said  company  may  prescribe,  not  exceeding  the  rates  herein 

7  before  limited  on  bridges:  and  if  said  bridge   at   Jefferson  be  con- 

8  structcd,  then  the  company  are  hereby  authorized  to  purchase  the 

9  ferry  at  said  town. 

15.  And  if  said  company  shall  be  authorized  by  law  to  construct, 

2  and  shall  construct  any  bridge  across  any  of  the  rivers  on  their  line 

3  of  improvement,  to  accommodate  the  trade  on  either  side  of  said 

4  rivers,  and  to  enable  it  to  connect  with  their  canal,  no  tolls  shall  be 


Bill  No.  107.  79 

5  charged  on  any  such  bridge  upon  the  trade  and  travel  to  or  from  the 

6  canal  at  that  point,  but  they  may  demand  and  collect  tolls  on  any 

7  other  trade  and  travel  which  may  use  the  same,  not  exceeding  the 

8  tolls  which  may  be  assessed  on  the  other  bridges  herein  before 

9  limited. 

16.  In  all  cases  of  tolls  on  any  of   the  company's   roads  or 

2  bridges,  return  wagons   or  carts  shall  pay  one-half  tolls  only ;  and 

3  no  toll  shall  be  demanded  or  received  from  persons  residing  "within 

4  four  miles  of  any  gate  on  any  such  road,   and  who  shall  not  have 

5  traveled  a  distance  upon  said  road  exceeding  four  miles.     All  pcr- 

6  sons  on  whose  land  any  toll  gate  may  stand,  shall  be  exempt  from 

7  all  tolls  at  such  gate  ;  and  persons  owning  plantations  on  both  sides 

8  of  any  gate,  not  exceeding  four  miles  distant  from  each  other,  shall 

9  be  exempt  from  all  tolls  on  their  stock,  implements  of  husbandry, 

10  and  persons  employed  in  conveying  the  same  from  one  plantation  to 

11  the  other. 

17.  Persons  going  to  or  returning  from  mill,  for  the  purpose  of 

2  procuring  meal  for  the  consumption  of  families,   shall  be  exempt 

3  from  the  payment  of  toll  on  the  Kanawha  road  and  the  Blue  Ridge 

4  turnpike  and  bridges. 

Toll  bridges  across  North  river. 

18.  The  said  company  shall  have  authority  to  continue  to  use 
2  their  bridges  across  North  river  in  the  county  of  Rockbridge  as  toll 
8  bridges,  and  may  demand  and  collect  thereat  such  tolls  as  they  may 
1  assess,  not  exceeding  the  rates  prescribed  herein  for  other  bridges. 


80  Bill  No.  107. 

5  But  no  tolls  shall  be  collected  from  the  citizens  of  Rockbridge  for 
<i  crossing  the  bridge  near  Lexington. 

Tolls  on  stage  coaches. 

19.  The  said  company  is   hereby  authorized  to  regulate  from 

2  time  to  time  the  tolls  to  be  demanded  and  received  on  Btage  coaches 

3  running  hereafter  on  the  Kanawha  turnpike  or  the  Blue  Ridge  turn- 

4  pike. 

Bills  of  lading. 

20.  Every  master  of  a  boat  or  float  conveying  property  on  the 

2  water  line  of  the  said  company  shall,  on  receiving  such  property  on 

3  board,  cause  to  be  made  out  a  true  bill  of  lading  or  manifest  of  such 

4  property;  ■which  shall  be  signed  by  himself  and  the  consignor.    The 

5  bill  is  to  contain  :  1st — The  name  of  the  place  or  milestone  at  which 
G  any  of  the  property  therein  mentioned  was  shipped,  and  the  name 

7  of  the  place  or  milestone  to  which  it  is  to  be  cleared :  2d — The  num- 

8  ber  of  hogsheads,  barrels,  boxes,  packages,  feet  of  lumber,  board 

9  measure,  bags  and  bushels  of  each  species  of  articles  :  3d — A  speci- 

10  fication  of  the  property  so  shipped  by  said  consignor,  and  the  qnan- 

11  tity  and  gross  weight  of  each  species.     And  the  legal  tolls  shall  be 

12  demandable  and  payable  to  the  collector  of  tolls  accordingly. 

Statement  of  passengers. 

21.  The  owner  or  master  of  every  boat  used  for  carrying  pas- 

2  sengers,  shall  cause  to  be  made  out  a  statement  of  the  passengers 

3  carried  in  his  boat,  verified  under  oath,  which  he  shall  deliver  to  the 

4  toll  gatherer  at  the  place  of  his  destination ;  and  it  shall  be  lawful 


Bill  No.  197.  81 

5  for  the  toll  gatherer  to  whom  such  statement  is  returned,  to  admin- 

6  ister  the   necessary  oath  for  that  purpose:    which  oath,  if  taken 

7  falsely,  shall  suhject  the  person  taking  it  to  the  penalties  provided 

8  by  law  against  persons  convicted  of  forgery. 

Collection  of  tolls. 

22.  The  said  company  shall,  from  time  to  time,  cause  a  list  oi 

2  its  rates  of  toll  to  be   printed,  and  have  such   rates  posted  where 

3  they  can  be  readily  seen  by  persons  using  its  work  :  and  when  any 

4  material  change  in  the  rates  of  toll  shall  be  made,  the  same  shall 

5  be   advertised   in   such  newspapers   as  will  be  most  likely  to  give 

6  information  thereof  to  the  public  ;   and  reasonable  notice  of  such 

7  proposed  change  shall  be  given   before  such  new  tolls  shall  take 

8  effect. 

23.  A  collector  of  tolls  for  said  company  may  refuse  to  let 

2  any  person  or  thing  pass  on  the  company's  works  until  the  toll  be 

3  paid.     If  any  person  or  thing  pass   any  toll  gate  or  other  proper 

4  place  for  payment,  without  paying  or  tendering  the  toll,  such  per- 

5  son,  or  the  owner  or  person  in  possession  of  such  thing,  shall  forfeit 

6  to  the  company  ten  dollars.     And  the  like  forfeiture  shall  be  in- 

7  curred  where  any  person  or  thing  subject  to  toll  is  passed  through 

8  any  private  gate,  bars  or  fence  or  other  place,  for  the  purpose  of 

9  evading  the  payment  of  the  toll.     Any  such  collector  knowing  of  a 

10  violation  of  this  section,  shall  immediately  make  it  known  to  the 

11  president  or  one  of  the  directors.    If  he  fail  so  to  do,  he  shall  forfeit 

11 


82  Bill  No.   L97. 

12  to  the  company  twenty  dollars,  which  may,  if  so  much  of  his  com- 

13  pensation  remain  unpaid,  be  deducted  therefrom. 

24.  If  any  collector  shall  receive  for  tolls  more  than  is  lawful, 

2  he  shall  pay  to  the  party  grieved  thereby  the  amount  unlawfully 

3  received,  and  two  dollars  beside-.     And  if  said  collector  shall  un- 

4  reasonably  detain  any  person  9r  thing  at  his  place  of  receiving  toll, 

5  he  shall  forfeit  to  the  party  injured  five  dollars  :  Either  of  which 

6  penalties,  if  the  said  collector  be  unable  to  pay,  may  be  recovered  of 

7  said  company. 

25.  Every  collector  shall  account  for  and  pay  to  the  proper 

2  officer,  and  at  the  time  prescribed,  the  tolls  which  he  may  have  re- 

3  ceived  from  time  to  time ;  and  for  failing  to  do  so,  he  shall  forfeit 

4  fifty  dollars. 

Fines,  how  recoverable ;  payment  from  collectors  enforced. 

26.  Any  fine  herein  imposed  shall  be  recoverable  by  warrant 

2  before  a  justice  of  the  county  or  corporation  in  which  the   offence 

3  was  committed;  and  the  said  company  may  also  institute  and  prose- 

4  cute  any  proceedings  necessary  or  proper  to  enforce  payment  of 

5  what  may  be  due  from  any  collector.     Such  proceeding  may  be  in 

6  the  name   of  the  company,  in  the  county  or  circuit  court  of  the 

7  county  wherein  the  collector  is  employed  in  the  collection  of  toll, 

8  and  may  be  by  suit  or  motion  against  the  collector  and  his  sureties, 

9  and  his  and  their  personal  representatives;  and  the  judgment  or 

10  decree  shall  be  for  the  principal  sum  remaining  due,  with  interest 

11  thereon,  and  fifteen  per  centum  damages. 


Bill  No.  197.  83 

Tolls  on  troops. 

27.  Troops  or  persons  in  the  military  or  naval  service  of  this 

2  state,  with  their  arms,  munitions  and  baggage,  shall  have  the  pre- 

3  ference  to  other  persons  and  property  in  passing  over  the  line  of  the 

4  company's  works,  or  through  or   over  any  of  its  locks,  aqueducts, 

5  tunnels  or  bridges;  and  the  tolls  for  such  troops  or  persons,  and  on 

6  their  arms,  munitions  and  baggage,  shall  not  be  more  than  one-fourth 

7  of  the  rates  on  other  persons  or  things  of  like  kind.     If  there  be  a 

8  failure  to  give  any  such  person  or  thing  passage  over  the  same,  in  a 

9  reasonable  time,  the  said  company  shall  forfeit  not  less  than  two  nor 
10  more  than  twenty  dollars. 

Collection  of  tolls  on  the  Kanaivlia  river. 

28.  Manifests  of  the  cargoes  of  all  boats  or  other  vessels  navi- 

2  gating  the  Kanawha  river,  shall  be  filed  with  the  receiver  of  tolls, 

3  designating  the  names  of  the  cargoes,  of  their  owners,  and  the  mas- 

4  ters  of  the  boats  or  other  vessels  in  which  the  said  cargoes  shall  be 

5  shipped,  and  of  the  said  boats  or  vessels,  together  with  that  of  the 
G  shippers  and  other  agents  having  the  control  or  direction  of  the  said 

7  cargoes;  and  the  legal  tolls  shall  be  demandable  and  payable  to  the 

8  collector  of  tolls  accordingly;  and  in  all  cases  of  failure  to  comply 

9  with  the  regulations  hereby  established,  and  to  pay  the  tolls  afore- 

10  said,  it  shall  be  the  duty  of  the  said  collector  to  seize  and  hold  the 

11  boats  or  other  vessels  concerned  in  the  neglect  or  evasion  thereof, 

12  until  the  law  is  fully  complied  with;  and  if  that  be  not  done  within 

13  the  space  of  two  days  from  the  time  of  such  seizure,  it  shall  be  law- 


84  Bill  No.  197. 

14  ful  for  the  collector  of  tolls,  after  giving  five  days'  previous  notice 

L5  of  his  intention,  by  advertisement  at  the  door  of  the  courthouse  of 

1G  the  county  of  Kanawha,  to  sell  at  public  auction,  for  ready  money, 

17  so  much  of  the  said  cargoes  of  such  boats  or  ressela  as  will  be  suffi- 

18  cient  to  pay  the  tolls  due,  with  the  addition  of  fifty  per  cent,  thereon, 

19  and  the  necessary  expenses  incurred  by  the  said  collector  in  seizing, 

20  securing  and  taking  care  of  the  said  vessels  and  cargoes;  and  the 

21  said  boats  or  vessels,  with  the  remaining  cargoes,  and  any  balances 

22  of  money  which  may  remain  from  the  sales  aforesaid,  shall  then  be 

23  returned  to  the   lawful   owners  or   proprietors  thereof,  or  to   their 

24  agents:  and  the  Virginia  canal  company,  their  collectors  or  agents, 

25  may  sue  out  an  attachment  before  any  justice  of  the  peace  against 

26  boats  and  cargoes  upon  the  Kanawha  river  for  tolls  due  and  unpaid 

27  by  the  said  boats  and  cargoes,  their  owners,  masters  or  shippers. 

» 

29.  The  receiver  of  tolls  shall  be  authorized  to  board  and  enter 

2  all  boats  or  other  vessels  in  the  said  river,  whether  in  the  stream  or 

3  at  anchor,  or  at  the  landings  on  either  shore  of  the  Kanawha  river, 

4  or  the  bays  or  inlets  thereof,  and  to  demand  and  receive  the  legal 

5  tolls  on  all  the  commodities  contained  in  the  said  boats  or  vessels, 

6  whether  fully  or  in  part  loaded;  and  in  case  of  failure  to  pay  the 

7  said  tolls  when  thus   demanded,  the  said  boats  or  vessels,  and  the 

8  cargoes  thereof,  shall  be  liable  to  seizure,  sale  and  disposition  in  all 

9  respects  as  prescribed  in  the  foregoing  section.     And  all  and  every 

10  person  or  persons  on  board  of  any  boat  or  other  vessel  in  the  said 

11  river,  refusing  or  neglecting  to  come  to  when  required  by  the  said 


Bill  No.  197.  85 

12  collector  to  do  so,  shall  forfeit  and  pay  twenty  dollars  to  the  use  of 

13  the  said  company,  to  be  recovered  before  any  justice  of  the  peace; 

14  and  all  persons  resisting  the  said  receiver  in  the  execution  of  any 

15  powers  given  to  hiin  by  law,  shall  be  deemed  guilty  of  a  misde- 

16  meanor,  and  be  prosecuted  accordingly. 

30.  All  persons,  whether  principals  or  agents,  who  shall  ship  oft", 

2  or  authorize  to  be  shipped  off,  any  article  subject  to  the  payment  of 

3  toll,  without  having  first  entered  the  same  with  the  receiver  of  tolls, 

4  as  herein  prescribed,  and  paid  the  tolls  due  thereon,  shall  forfeit  and 

5  pay  three  times  the  amount  of  the  tolls  on  the  articles  so  shipped 

6  off,  to  be  recovered  for  the  use  of  the  said  company  before  any  jus- 

7  tice  of  the  peace. 


86  Bill  No.   L97. 


CHAPTKl!     \  II. 
OF  DIVIDENDS    am-    LIABILITIES   To  STOCKHOLDERS. 

fh '<•;,/,  nda. 

1.  While  the  works  arc  in  progress,  and  after  they  arc  completed, 

2  the  Virginia  canal  company  may  declare  and  make  semi-annual  divi- 

3  dends  of  bo  much  of  the  surplus  profits  of  their  entire  work  as  they 

4  may  deem  it  prudent  t<»  divide;  which  snail  be  paid  to  the  Btock- 
">  holders,  or  to  their  order,  in  such  manner  as  the  hy-hnvs  may 
G  prescribe. 

2.  The  annual  net  profits  of  the  company   proceeding    from   all 
oroes,  shall   never   exceed    fifteen   per   centum   upon   their   capital 

3  stock:  and  the  tolla  shall  he  regulated  from  time  to  time  bo  as  to 

4  restrain  the  profits   within   that   limit.      All    reductions   of    the   tolls 

5  made  for  that  purpose,  shall  be  made  ratably  on  every  division  of 

6  the  company's  line  of  improvement.     The  dividends  declared  as 

7  aforesaid  upon  each  share  of  Btock  hereafter  to  he  suh>crihed,  shall 
S  he  in  proportion  to  the  amount  actually  paid  thereupon  by  the  stock- 
9  holders.      But  the  corporations    and   individual   Stockholders    at    the 

10  time  of  the  organization  of  the  company,  to  whom  certificates  of 

11  stock,  upon  which  the  full  amount  has  hecn  paid,  shall  have  been 

12  issued,  shall  be  paid  dividends,  rating  the  said  certificates  at  one 


Bill   No.    197.  87 

13  hundred  dollars  per  share.     Those  who  have  not  paid  in  full,  shall 

14  receive  dividends  only  in  proportion  to  the  amount  actually  paid. 

3.  Before  any  dividend  shall  be  declared  to  others,   the  annuity 

2  to  the  state  of  $135,000,  and  the  five  per  centum  per  annum  agreed 

3  to  be  paid  upon  the  stock  owned  by  the  corporations  and  individuals 

4  at  the  time  of  the  organization  of  the  company,   and  their  assigns, 

5  shall  be  set  aside  and  provided  for,  as  herein  prescribed.     And  semi- 

6  annually,  on  the  first  day  of  January  and  the  first  day  of  July,  the 

7  said  company  shall  pay  into  the  public  treasury  of  the  state,  in  the 

8  mode  prescribed  by  law,  the  sum  of  sixty-seven  thousand  five  hun- 

9  drcd  dollars  in  discharge  of  said  annuity ;  and  at  the  same  periods 

10  shall  pay  to  the  private  stockholders  provided  for  in  the  sixth  article 

11  of  said  agreement,  two  and  a  half  per  cent,  on  their  capital  stock, 

12  until  the  line  shall  have  been  completed  to  the  Ohio  river,  when  said 

13  interest  shall  cease,   and  the  said  private   stockholders   shall  share 

14  with  the  other  stockholders  the  dividends  declared  by  the  company. 

Proceeding  to  sequester  revenues  and  property. 

4.  If  the  said  company  shall  fail  at  any  time  to   pay  any  such 

2  semi-annual  instalment  of  said  annuity,  then  out  of  the  sum  of  one 

3  million  of  dollars  deposited  in  the  treasury  of  the  state  by  the  said 
1  Virginia  canal  company,  according  to  the  14th  article  of  the  said 
5  provisional  agreement,  as  set  forth  in  the  1st  chapter,  and  the  interest 
G  which  may  be  due  thereon,  the  auditor  of  the  state  Bhall  raise  and 

7  pay  into  the  public  treasury  the  said  sum  of  sixty-seven  thousand 

8  five  hundred  dollars,  until  the  said  sum  of  one  million  of  dollar    i- 


88  Bill   Xu.   L97. 

hausted.     Ami  if  after  tin-  Baid  Bmn  of  one  million  of   dollars  is 
.  the  Baid  company  .-hall  fail  at  any  time   to   pay  any  such 

11  annual  instalment  of  Baid  annuity,    and   it    Bhal]   remain    unpaid    for 

12  three   months    after    it   becomes    duo,    then   the  auditor  of   public 

13  accounts  shall  notify  the  attorney  general  thereof,  who  shall  imme- 

14  diately  proceed,  on  thirty  days'  notice  to  the  president,  treasurer  or 
1")  any  director  of  the  said  company,  to  move  in  the  circuit  court  of 
1<>  the  city  of  Richmond  for  judgment  against  mpany.  Such 
IT  motion  Bhal]  have  precedence  over  all  other  cases;  and  upon  Batis- 

'•tory  proof  that  the  Baid  instalment  has  not  been  paid,  the  said 

19  court  shall  give  judgment  against  said  company,  and  Bequester  its 

20  entire  revenues  ami  property:   and  the  Board  of  public  works  shall 

21  appoint  a  receiver.     The  Baid  receiver  shall,  with  the  approbation  of 

22  the  Hoard  of  public  works,  appoint  all  necessary  agents  to  aid  him, 

23  and  shall  pay  into  the  treasury  such  parts  of  the  gross  receipts  of 
2-1  the  company  as  will  pay  the  amount  due,  with  interest  thereon; 

25  whereupon  the  BequeBtration  shall  wholly  cease  and  determine  ;  but 
2<i   during  such   Sequestration    the   said    receiver    and    his    agents    shall, 

27  under  the  direction  of  the  Hoard  of  public  works,  be  paid  for  their 

28  services  out  of  such  receipts. 

5.    If  the  Baid  company  shall  fail   to  pay  to  any  of  the  said  pri- 

2  vate  stockholders  the  semi-annual  interest  on  their  stock  for  five 

3  days  after  the  same  is  demanded,  upon  the  application  of  such  stock- 

4  holders,  upon  ten  days'  notice,  to  any  officer  or  director  of  the  com- 
G  party,  at  the  office  of  the  company  in  Richmond,  the  auditor  of  the 


Bill  No.  197.  89 

6  state  shall  raise  and  pay  the  said  interest  due,  out  of  the  said  sum 

7  of  one  million  of  dollars  deposited  in  the  treasury  by  the  said  com- 

8  pany,  and  charge  the  same  to  the  company :  or  the  said  stockholders 

9  or  any  of  them  may,  at  their  option,  proceed,  by  warrant  before  a 

10  justice  of  the  peace,  to  recover  the  same,  if  the  justice  have  jurisdic- 

11  tion  of  the  amount,  or  if  not,  by  action  of  debt  in  the  said  circuit 

12  court.    And  when  the  said  work  shall  be  completed  to  the  Ohio  river 

13  as  aforesaid,  the  payment  of  the  said  five  per  cent,  per  annum  shall 

14  cease. 

6.  The  dividends  which  may  be  payable  to  the  commonwealth 

2  of  Virginia  upon  the  stock  held  by  the  state,  in  trust  for  individuals 

3  who  failed  or  refused  to  receive  the  same,  shall  be  paid,  as  other 

4  public  dues  to  the  state  are  paid,  to  the  treasurer  of  the  state,  upon 

5  demand. 

Dividends,  ivliere  to  be  paid. 

7.  The  dividends  and  other  dues  to  the  American  stockholders, 

2  other  than  those  herein  before  provided  for,  shall  be  paid  at  the  com- 

3  pany's  office  in  the  city  of  Richmond.     Those  of  the  foreign  stock- 

4  holders  may  be  paid  in  Paris,  or  elsewhere,  as  may  be  prescribed  by 

5  the  by-laws  of  the  company. 

Dividends  to  be  credited  against  debts. 

8.  If  any  stockholder  be  indebted  to  the  company,  his  dividend, 

2  or  so  much  as  may  be  necessary,  shall  be  passed  to  his  credit  in 

3  payment  of  the  debt. 

When  director*  liable  for  illegal  dividend. 

9.  If  the  board  Bhall  declare  ■  dividend  of  any  part  of  the  capi- 

12 


90  Bill  No.  197, 

2  tal  stock  of  the  company,  all  the  members  of  the  board  who  shall  be 

3  present,  ami  Dot  dissent  therefrom, shall,  in  their  individual  capacity, 

4  be  jointly  and  severally  liable  to  the  company's  creditors  for  the 

5  amount  of  capital  so  divided,  and  may  be  decreed  against  therefor, 
G  on  a  bill  in  equity,  filed  on  behalf  of  such  creditors  ;  and,  moreover, 

7  each  stockholder  who  shall  participate  in  such  dividend,  shall  be 

8  liable  to  such  creditors  to  the  extent  of  the  capital  stock  so  received 

9  by  him. 

Notice  of  dividend  to  be  published  ;  uncalled  for  dividends  to  be  paid 

into  state  treasury. 
10.    Of  every  dividend  declared,  and  of  the  time  and  place  ap- 

2  pointed  for  the  payment  thereof,  the  board  shall  cause  notice  to  be 

3  published  in  some  newspaper  printed  in  the  city  of  Richmond,  and 

4  shall  also  give  notice  thereof  in  such  manner  as  they  may  deem  e.\- 

5  pedient,  in  the  city  of  Paris.     In  January,  lsij">,  and  once  in  every 

6  five  years  thereafter,  they  shall  publish  in  like  manner  a  list  of  all 

7  dividends  which  have  remained  unpaid  for  two  years  or  more,  with 

8  the  names  of  the  persons  to  whose  credit  such  dividends  stand.     All 

9  dividends  not  called  for  within  the  term  of  five  years  after  they  have 

10  been  declared,  shall  be  paid  into  the  public  treasury,  to  be  subject 

11  to  the  order  of  the  shareholder  or  his  legal  representative,  when 

12  called  for,  the  shareholder  establishing  his  right  thereto,  to  the  satis- 

13  faction  of  the  auditor  of  public  accounts. 


Bill  No.  197.  91 


CHAPTER    VIII. 

REGULATION  FOR  THE  INSPECTION  OF  BOATS,  AND  FOR  BOATMEN  AND 
OTHERS ;  HARBOR  AND  DOCK  MASTERS  ;  TO  PREVENT  THE  COMPANY'S 
WORKMEN  OR  EMPLOYEES  FROM  VIOLATING  THE  PEACE;  EXEMPTING 
THEM    FROM    WORKING    ON    OTHER    ROADS,    AND    FROM    MILITIA    DUTY. 

Inspectors  of  boats. 

1.  The  said  company  may  require  such  of  the  lock  keepers  or 

2  toll  gatherers  upon  any  part  of  their  water  line  as  they  may  invest 

3  with  the  authority  hereby  given,  to  become  inspectors  of  boats,  and 

4  require  from  such  person  bond  with  good  security  in  such  penalty  as 

5  their  by-laws  may  prescribe,  for  the  true  and  faithful  performance 

6  of  the  duties  of  his  office  ;  and  such  person  shall  also  take  an  oath 

7  for  the  same  purpose. 

Bock  masters  and  harbor  masters. 

2.  The  said  Virginia  canal  company  may  establish  regulations 

2  for  the  preservation  of  good  order  at  any  of  their  basins,  docks  or 

3  landings,  and  at  wharfs  for  loading  and  unloading  boats  or  vessels 

4  engaged  in  navigating  their  water  line,  at  any  point  thereon,  whether 

5  on  rivers  or  canal :  provided  such  regulations  be  consistent  with  the 

6  laws  of  the  state  and  the  police  regulations  of  any  city  or  corpora- 

7  tion  authorized  by  law  to  prescribe  such  regulations  J  and  for  such 


92  Bill  No.  197. 

8  purpose  may  appoint  dock  masters  or  other  officers,  whose  duty  it 

9  shall  be  to  cause  such  regulations  to  be  obeyed,  and  to  collect  the 

10  penalties  fixed  by  such  regulations  for  the  infringements  thereof: 

11  which  penalties  shall    be   recoverable   before    any   tribunal  having 

12  jurisdiction  thereof. 

3.  No  harbor   master   shall  have    any   control  over  any  boat  or 

2  vessel  after  the  same  shall  have  entered   the   said  company's  line  as 

3  designated  in  the  fifth  chapter,   nor  while  entering,  remaining  in  or 

4  leaving  any  of  said  company's  docks,  locks  or  water  line,  or  any 

5  channel  leading  thereto,  which  have  been  constructed  by  them  ac- 

6  cording  to  law,  or  by  the  company  whose  rights  and  interests  have 

7  been  transferred  to  them. 

4.  The  said   dock   masters,  or  other  officers  appointed  to  dis- 

2  charge  their  duties,  shall  regulate  the  anchoring  and  mooring  of  all 

3  lighters,  boats,  and  bay  and  river  craft,  steam  boats  and  other  ves- 

4  sels  which  come  within  any  of  said  docks  or  basins,  or  anchor  at  or 

5  are  secured  at  any  of  such  wharfs  or  landings.     He  shall  also  rcgu- 

6  late  their  entrances  and  departure,   so  as  to  prevent  confusion  and 

7  disorder. 

5.  Any  master  or  head  man  of  any  vessel,  or  boat  or  other  craft, 

2  who  shall  fail  or  refuse  to  obey,  or  comply  with  the  lawful  order  of 

3  any  of  said  deck  masters  or  other  officers,  after  having  had  a  rea- 

4  sonable  time  for  obedience  or  compliance,  shall  be  liable  to  a  fine  of 

5  five  dollars  for  every  such  offence,  to  be  recovered  before  any  justice 
G  of  the  peace  having  jurisdiction. 


Bill  No.  197.  93 

To  prevent  company's  employees  from  violating  the  peace. 

6.  If  at  any  time,  on  any  part  of  the  company's  line,  any  work- 

2  man  or  other  employee  shall  be  engaged  in  a  riotous,  tumultuous  or 

3  unlawful  assembly,  or  in  any  violation  of  the  peace,  any  judge  or 

4  justice  within  his  jurisdiction  may  suppress  the  same  ;  and  for  that 

5  purpose  may  command  the  assistance  of  all  persons  present,  and  of 

6  the  sheriff  or  sergeant  of  the  county  or  corporation,  with  his  posse, 

7  if  need  be,  to  arrest  and  secure  those   engaged  in  any  violation  of 

8  the  peace.     And  it  shall  be  the  duty  of  any  contractor  or  officer  of 

9  the  said  company  having  knowledge   thereof,   to  give  immediate  in- 

10  formation  of  any  such  violation  or  apprehended  violation,  to  some 

11  judge  or  justice  nearest  thereto.     Any  person  so  arrested  shall  be 

12  proceeded  against  as  prescribed  by  law  in  such  cases. 

Exemption  from  working  on  other  roads. 

7.  The  officers,  contractors  and  their  agents  and  laborers,  hire- 

2  lings  or  hands,    while   engaged  at  work  upon  the  line  of  the  com- 

3  pany's  works,   shall  be  exempt  from,  and  in  no  wise  subject  to  the 

4  provisions  of  any  road  law,  by  which  the  citizens  of  any  county  or 

5  corporation  along  said  line  may  be  compelled  to  perform  labor  on 

6  any  road  or  work  within  the  same,  and  from  any  tax  or  contribution 

7  whatever,  under  any  special  road  law  heretofore  passed,  or  that  may 

8  be  hereafter  passed  for  any  county  or  corporation. 

Exemption  from  militia  duty. 

8.  The  following  persons  shall  be  exempt  from  the  performance 
2  of  the  ordinary  duties  of  militiamen,  but  shall  be  liable  to  be  drafted 


94  Bill  No.  197. 

3  and  detailed  for  actual  service,  to  wit :  All  ferrymen  employed  by 

4  said  company  at  any  ferry  owned  by  it ;    all  keepers  of   any  toll 

5  bridge  owned  in  like  manner ;  two  of  the  clerks  in  the  office  of  col- 

6  lector  of  tolls  on  the  Richmond  dock  and  on  the  lower  section  of 

7  the  company's  canal;  the  inspectors  of  boats,  lock  gate  keepers  and 

8  overseers  employed  by  them ;  all  their  toll  gatherers,  and  the  wori- 

9  men  who  are  non-residents  of  the  county  or  corporation  in  which 

10  they  are  at  work,  and  actually  engaged  in  fulfilling  any  contract  for 

11  the  completion  of  any  work  on  the  company's  water  line  in  a  speci- 

12  fied  time. 


Bill  No.  197.  95 


CHAPTER    IX. 

FOR  THE  PREVENTION  OF  OBSTRUCTIONS  ;  TO  FACILITATE  NAVIGATION 
ON  THE  COMPANY'S  LINE,  AND  TO  PUNISH  OFFENDERS;  SALE  OF 
WATER   POWER ;    RESERVATION   OF   WATER   FOR   THE    STATE   ARMORIES. 

Rights  of  navigation  preserved;  limitation  on  power  of  courts  to  grant 

leave  to  erect  dams. 

1.  In  any  of  the  rivers  or  water  courses,  the  right  of  improving 

2  or  extending  the  navigation  of  which  has  been  given  hereby,  or  may 

3  be  hereafter  given  to  the  Virginia  canal  company,  it  shall  not  be 

4  lawful  for  any  court  to  grant  to  any   other  person  or  company  the 

5  preference  to  the  use  of  the  water  flowing  therein  for  the  purposes 

6  of  such  navigation,  nor  to  grant  leave  to  any  person  to  erect  a  dam 

7  or  other  obstruction  across  or  in  such  water  course,  by  which  the 

8  ordinary  navigation  will  be  obstructed,  nor  by  which  the  water  used 

9  as  a  feeder  to  any  part  of  the  company's  water  line  may  be  diverted 

10  or  lessened,  without  the  consent  of  said  company.     Any  such  dam 

11  or  obstruction,  notwithstanding  it  may  be  built  under  such  leave, 

12  shall  be  deemed  a  nuisance,  and  may  be  abated  as  such. 

P<nalty  for  obstructing  navigation  ivith  fish  traps,  cfrc. 

2.  If  any  person  or  company  shall  hereafter  make  or  cause  to  be 
2  made  any  hedges,  fish  traps  or  other  obstructions  in  any  of  said 
o  rivers  composing  part  of  the  said  company's  water  line,   so  as  to 


96  Bill  No.   197. 

4  impede  or  injure  the  passage  of   batteaux,  floats  or  other  vessels, 

5  such  person  or  company  shall  forfeit  and  pay  the  sum  of  fifty  dollars 

6  for  each  offence. 

Penalty  for  trespasses  on  works  or  property  of  company. 

3.  If  any  person  shall   willfully  trespass  on  the  possessions  or 

2  do  injury  to  the  works  or  other  property  of  the  company,  he  shall 

3  be  deemed  guilty  of  a  misdemeanor,  and  be  punished  accordingly, 

4  except  in  those  cases  in  which  the  offence  is  of  a  higher  grade,  or 

5  otherwise  specifically  punished  by  law. 

Penalty  for  injuring  or  obstructing  roads,  bridges,  §c. 

4.  Any  person  who  shall  knowingly  and  willfully,  without  law- 

2  ful  authority,    break  down,   destroy  or  injure  any  bridge,  bench  or 

3  log  placed  across  a  stream  for  the  accommodation,  or  any  sign- 

4  board,  milestone  or  post  for  the  direction  of  travelers,  or  obstruct 

5  any  road  or  bridge,  or  any  ditch  made  for  the  purpose  of  draining 

6  any  road  belonging  to  said  company,   or  destroy  or  injure  any  of 

7  said  company's  boundary  stones  or  monuments  to  define  the  limits 

8  of  their  property,  such  person  shall  be  punished  by  fine,  at  the  dis- 

9  cretion  of  a  jury. 

Burning  a  bridge,  dam,  fyc.  or  a  vessel. 

5.  If  a  free  person  maliciously  burn  any  bridge,  lock,  dam,  or 

2  any  ship,  boat  or  other  vessel,  or  any  of  the  company's  construc- 

3  tions,  of  the  value  of  one  hundred  dollars  or  more,  he  shall  be  con- 

4  fined  in  the  penitentiary  not  less  than  three  nor  more  than  ten  years  ; 

5  and  if  the  value  be  less  than  one  hundred  dollars,  he  shall  be  con- 


Bill  No.  197.  97 

6  fined  in  jail  not  exceeding  one  year,  and  be  fined  not  exceeding  two 

7  hundred  dollars. 

Injury  ing'  canal,  $c. 

6.  If  a  free  person  maliciously  obstruct,  remove,  destroy  or  in- 

2  jure  any  part  of  the  company's  canal  or  roads,  or  any  of  its  con- 

3  structions,  or  any  bridge  or  fixture  thereof,  or  any  part  of  its  water 

4  line,  or  obstruct,  remove  destroy  or  injure  any  machinery,  work  or 

5  engine  thereof,  he  shall  be  punished  by  fine,  at  the  discretion  of  a 

6  jury.     And  if  the  life  of  any  traveler  on  the  company's  water  line 

7  or  roads  and  bridges  be  put  in  peril  by  any  such  offence,  the  offen 

8  der  shall  be  confined  in  the  penitentiary  not  less  than  three  nor  more 

9  than  five  years. 

Injury  in  public  conveyance. 

7.  If  any  driver,  conductor  or  captain  of  any  vehicle,  or  boat 

2  or  other  vessel  for  public  conveyance,  being  free,  shall,  in  the  man- 

3  agement  of  such  vehicle,   or  boat  or  other  vessel,  willfully  or  negli- 

4  gently  inflict  bodily  injury  on  any  person,  he  shall  be  punished  as 

5  for  a  misdemeanor. 

Buoys,  beacons  and  ring  bolts  to  be  placed  in  rivers. 

8.  The  said  company  shall  cause  buoys  to  be  placed  in  any  part 
2  of  their  water  line  in  which  they  may  be  necessary,  so  as  readily 
8  and    clearly   to    indicate  and  point  out  to  navigators   all   the  en- 

4  trances    and   lines    of  the  sluices,  the  wing  dams  and  the  jetties, 

5  and  generally  the  course  of  the   channels.     They  shall  also  cause 

6  beacons  to  be  placed  on  the  bars,  rocks  and  other  obstructions  to 

13 


98  Bill  No.  197. 

7  navigation,  not  within  the  sluices  or  channels,  but  which,  from  their 

8  positions,  or  from  other  causes,   are  likely  to  endanger  the  safety  of 

9  vessels  or  boats  navigating  the  said  -water  line;  ■which  buoys  and 

10  beacons  shall  be  so  constructed  as  to  be  visible,  until  the  water  in 

11  any  of  the  rivers  on  the  said  line   in  which  they  may  be  necessary, 

12  shall  rise  five  feet  above  its  ordinary  lowest  level.     For  the  greater 

13  safety  and  convenience  of  the  trade,  it  shall  be  the  further  duty  of 

14  the  said  company  to  cause  large  rings  to  be   attached  by  suitable 

15  bolts  to  rocks  or  other  stable  bodies,  along  the  sluices  and  at  the 

16  ends  of  the  wing  dams  and  jetties,  for  the  better  enabling  boats  or 

17  vessels  to  overcome  the  force  of  the  currents  by  warps  and  cords. 

Water  not  to  be  used  but  for  navigation  ;  ivater  poiver,  liow  sold. 

9.    The  water,  or  any  part  thereof,  conveyed  through  any  canal 

2  or  cut  made  by  the  company,  except  where  the  land  between  the 

3  canal  and  river  is  entirely  the  property  of  the  company,  shall  not 

4  be  used  for  any  purpose  but  navigation,  unless  the   consent  of  the 

5  proprietors  of  the  land  be  first  had ;  but  the  company  may  lease  or 

6  sell  to  any  person  or  company  the  water  power  necessary  for  pro- 

7  pelling  any  machinery  for  milling  or  other  purposes,  where  such 

8  person  or  company  may  have  obtained  the  necessary  site  therefor. 

9  And  where  the  company  is  possessed  of,  or  may  acquire  hereafter, 

10  land  as  herein  before  provided  for,  and  shall  not  thereby  damage 

11  other  proprietors  of  land  in  a  manner  not  compensated  for  at  the 

12  time  of  acquiring  the  same,  they  may  establish  any  such  machinery, 

13  and  work  the  same  with  the  water  from  any  canal  or  dam,  so  as  not 


Bill  No.  197.  99 

14  to  impair  the  navigation  by  such  use  of  water,  and  may  again  sell  or 

15  lease  the  same. 

Water  for  armory,  gc.  reserved. 
20.    The  commonwealth  of  Virginia  reserves  the  right  to  the  use 

2  of  so  much  of  the  water  in  tjic  canal  of  the  company  as  may  be 

3  sufficient  to  propel  the  machinery  necessary  for  the  manufacturing 

4  of  arms  at  the  public  armory  in  the  city  of  Richmond,  free  of  all 

5  charge  whatever ;  and  the  company  shall  at  no  time  stop  or  obstruct 

6  the  use  of  said  water,  except  when  absolutely  necessary  for  the  re- 

7  pair  of  the  canal ;  and  in  time  of  war  or  apprehended  danger,  the 

8  governor  shall  be  the  judge  of  such  necessity.     The  said  company 

9  shall  not  obstruct  the   use  of  the  water  to  the  extent  it  is  now  en- 

10  joyed  to  the  lessees  of  the  state  on  the  property  adjoining  the  said 

11  armory,  they  paying  the  rent  for  said  water  heretofore  agreed  to  be 

12  paid,  or  that  may  be  contracted  to  be  paid  in  case  of  a  renewal  of 

13  their  lease :  provided,  that  the  quantity  of  water  taken  by  the  state 

14  shall  not  so  reduce  the  water  in  the  canal  as  to  interfere  with  the 

15  navigation  thereof,  and  the  compliance  by  the  company  with  any 

16  contract  heretofore  made  for  a  supply  of  water  from  the  canal  to  the 

17  mills  or  other  manufactories. 


100  Bill  No:  197 


CHAPTER    X. 

RETURNS  AND  REPORTS;  DURATION  OF  CHARTER;  RIGHT  TO  ABOLISH 
IT;  WHEN  JAMES  RIVER  AND  KANAWHA  COMPANY  RESTORED  TO 
THEIR    RIGHTS    AND    FRANCHISES. 

Hi  ports  required  of  company. 

1.  The  Virginia  canal  company  shall  make  an  annual  report  to 

2  the  Board  of  public  works  of  its  condition  and  the  state  of  its  affairs 

3  on  the  30th  day  of  September,  and  of  the  operations  of  the  com- 

4  pany  during  the  year  ending  on  that  day;  -which  report  shall  be 

5  verified  by  the  president  <>f  the  company,  and  be  filed  in  the  office 

6  of  the  said  board  by  the  15th  day  of  November  in  each  year.     The 

7  said  report  shall  be  in  such  form  as  the  Board  of  public  works  shall 

8  prescribe;  and   in  preparing  such  form,  the  said  board  are  hereby 
0  directed  to  require  that  the  said  report  shall  contain  as  full  and  mi- 

10  nute  information  in  regard  to  the  condition,  affairs  and  operations 

11  of  the  said  canal  company,  as  may  be  required  by  said  board  in 

12  regard  to  the  condition,  affairs  and  operations  of  the  railroad  com- 

13  panics  within  this  commonwealth. 

Penalty  for  failing  to  make  report. 

2.  If  the  said  canal  company  shall  fail  to  make  the  report  herein 
2  required,  and  in  the  manner  required,  it  shall  be  liable  to  a  penalty 


Bill  No.  197.  101 

3  not  exceeding  five  hundred  dollars.     And  the  Board  of  public  works, 

4  if  in  session,  or  its  secretary,  if  it  be  not  in  session,  shall  report  such 

5  failure  immediately  to  the  attorney  general;  and  it  shall  be  his  duty, 

6  after  giving  to  the  said  company  ten  days'  notice,  to  proceed  against 

7  the  same  for  such  failure,  by  motion  in  the  circuit  court  of  the  city 

8  of  Richmond.     Such  court  shall  consider  said  case  a  privileged  case, 

9  and  it  shall  be  its  duty  to  enter  up  a  judgment  for  a  fine  not  exceed- 

10  ing  five  hundred  dollars  and  the  costs,  including  a  fee  of  twenty 

11  dollars  for  the  services  of  said  attorney  general.     Execution  shall 

12  be  awarded  against  the  said  company,  to  be  levied  as  other  execu- 

13  tions  are  levied  upon  any  of  its  property. 

Report  of  number  of  passengers. 

3.  The  said  canal  company  shall  hereafter  report  quarterly,  on 

2  the  15th  day  of  March,  June,  September  and  December  in  each  year, 

3  to  the  auditor  of  public  accounts,  the  number  of  passengers  trans- 

4  ported,  and  the  aggregate  number  of  miles  traveled  by  them  within 

5  the  commonwealth,  and  the  gross  amount  of  tolls  received  for  the 

6  transportation  of  freight  over  its  water  line,  or  any  part  thereof, 

7  and  over  its  roads  and  bridges,  during  the  quarter  of  the  year  next 

8  preceding  the  first  day  of  the  month  in  which  such  report  is  made. 

Penalty  for  failure,  how  recoverable. 

4.  Such  statement  shall  be  verified  by  the  oath  of  the  secretary. 

2  If  the  said  company  shall  fail  to  make  such  report,  it  shall  be  liable 

3  to  a  fine  not  exceeding  five  hundred  dollars,  to  be  recovered  by  the 

4  attorney  general  as  herein  before  prescribed.    At  the  time  of  making 


102  Bill  No.  197. 

5  such  report,  the  company  shall  pay  into  the  treasury,  for  every  pas- 
oger  liable  to  toll,  av1i<>  may  be  transported  along  Its  water  line  or 

7  over  its  roads  or  bridges,  :i  tax  at  the  rate  of  one  mill  for  every  mile 

8  of  transportation  of  each  of  such  passengers,  and  a  tax  of  one-half 

9  of  one  \>w  centum  of  such  gross  unounl  of  tolls  received  for  the 

10  transportation  of  freights.     The  said  company,  upon  the  payment 

11  of  such  taxes,  shall  not  be  assessed  with  any  tax  on  its  franchises, 

12  tolls,  lands,  buildings,  bridges,  boats  or  other  property,  which   they 

13  are  authorized   by  law  to  hold  or  have.     But  if  it  shall   fail   to  pay 

14  the  said  taxes  at  the  times  specified  therefor,  then  its  lands,  buildings, 

15  bridges,   boats   and   other  property   shall   be   immediately   ass< 

16  under  the  directions  of  the  auditor  of  public  accounts,  by  any  per- 

17  son  appointed  by  him  for  the   purpose,  at   the  full  value;    and  a  tax 

18  shall  at  once   be  levied   thereon  as  on  real  estate  and  on  other   pro- 

19  perty,  to  be  collected  by  any  sheriff  whom  the  auditor  may  direct; 

20  and  such   sheriff  shall   distrain    and   sell   any  personal  property  of 

21  such  company,  and  pay  such  taxes  into  the  treasury  within  three 

22  months  from  the  time  when  such  assessment  is  furnished  to  him. 

Duration  of  charter. 

5.   If  the  said  Virginia  canal  company  be  not  organized   by  the 

2  appointment  of  a  president  and  directors  as  required  by  this  charter, 

3  within  nine  months  from  the  passage,   and  bona  fide  commence  its 

4  works  within  six  months  after  its  organization,  or  if,  after  commenc- 

5  ing  its  works,  it  shall  suspend  its  operations  for  one  year,  or  if  it 

6  shall  fail  to  comply  with  the  provisions  of  the  fifth  chapter  hereof, 


Bill   No.    197.  103 

7  so  far  as  the  same  refers  to  the  fourteenth  article  of  the  said  pro- 

8  visional  agreement,  the  general  assembly  may  abrogate  this  charter, 

9  and  declare  that  the  corporate  rights  and  privileges  of  the  company 

10  shall  cease ;  or  it  may  allow  said  company  such  further  time  to  com- 

11  plete  the  said  works  and  to  comply  with  its  engagements,  as  to  the 

12  legislature  may  seem  just  and  proper. 

Disposition  of  property  when  corporation  is  dissolved. 

6.  If  the  said  corporation  shall  be  dissolved  as  aforesaid,  and  its 

2  corporate  rights  and  privileges  shall  have  ceased,  all  its  Avorks  and 

3  property,  and  debts  due  to  it,  shall  be  subject  to  the  payment  of 

4  debts  due  by  it,  in  accordance  with  the  provisions  of    this   charter ; 

5  and  it  may  sue  and  be  sued  as  before  for  the  purpose  of  collecting 
G  debts  due  to  it,  prosecuting  rights  under  previous  contracts  with  it, 

7  and  enforcing  its  liabilities  and  transferring  its  property  and  debts 

8  to  its  successor,  as  hereafter  provided. 

When  James  river  and  Kanawha  company  restored  to  its  rights. 

7.  If  the  said  Virginia  canal  company  shall  fail  to  comply  with 

2  its  undertaking  as  herein  before  set  out,  so  that  the  general  assembly 

3  shall  proceed  to  abrogate  its  charter  and  to  declare  that  its  corporate 

4  rights  and  privileges  shall  cease,  and  that  its  property  shall  be  for- 

5  feited  according  to  the  provisions   of   this  act  and  said  provisional 
G  agreement,   then  the  James  river  and    Kanawha   company,  as   it 

7  existed  before  the  passage  of  this  act,  shall  thereupon  be  restored 

8  to  all  the  rights  conferred  by  its  charter  and  the  laws  existing  at  the 

9  time  of  the  passage  of  this  act,  as  fully  and  effectually  as  if  this  act 


1U4  Bill    No.    107. 

16  had  never  passed :  and  it  shall  then  lie  lawful  for  the  paid  James 

11  river  and  Kanawha  company   to  issue  bonds  under  the  act  of   the 

12  28d  day  of  March,  18G0,  to  the  said  B.  de  Bellot  do   Minieres.  for 

13  himself  and  associates,  under  the  firm  and  style  of  Bellot  des  Min- 

14  ieres,  Brothers  and  Company,  of  France,  and  their  assigns,  for  an 

15  amount  equal  to  the  principal  sum  which  may  have  been  advanced 

16  by  them  and  expended  upon  the  works  mentioned  in  this  act,  and  the 

17  interest   thereon   from   the   time   when    the    same   shall   have   been 

18  expended  until  the  repayment  in  bonds   as   aforesaid  :  provided   the 

19  amount  authorized  to  be  issued  by  the  said  act  be  sufficient  therefor. 

8.  The  stockholders  in  the  Virginia  canal  company,  at  the  time 

2  when  its  said  charter  shall  cease,  and  when  the  rights  of   the  said 

3  company  shall  be  transferred  to  the  said  James  river  and  Kanawha 

4  company,  who  were  stockholders  in  the  James  river   and   Kanawha 

5  company,  or  who  derived  title   to   their   stock   from  or  under   such 

6  stockholders,  to  the  extent  of  the  stock  so  held,  shall  be  considered 

7  stockholders  in  that  company,  and  their  stock  shall  be   of  the  par 

8  value  at  which  it  was  estimated  while  stockholders  of  the  said  James 

9  river  and  Kanawha  cempany ;   and  in  all  other  respects  they  shall 

10  be  restored  to  their  rights   and   liabilities,   and  be   entitled  to  the 

11  profits  and  remedies  granted  by  the  charter  of  the  said  James  river 

12  and  Kanawha  company  before  the  passage  of  this   act.     And  the 

13  state  shall  have  the  same  quantity  of  stock  in  the  said  James  river 

14  and  Kanawha  company,  and  the  same  interest  therein  as  is  now  held 

15  by  the  state  in  said  company. 


BILL  No.  199.  ^ '  \ 

\6    x$' 


t 

& 


SENATE    BILL. 


A  BILL 

Amending  the  third  section  of  chapter  seven  of  the  Code  of  Virginia. 
1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 

2  third  section  of  chapter  seven  of  the  Code  of  Virginia,  be  amended 

3  and  re-enacted  so  as  to  read  as  follows : 

4  "  §  3.  There  shall  be  elected  by  the  voters  in  each  county  a  clerk 

5  of  the  county  court,  a  surveyor,  an  attorney  for  the  Commonwealth,  a 

6  sheriff  and  a  commissioner  or  so  many  commissioners  of  the  revenue 

7  as  may  be  authorized  by  law;  and  in  each  of  the  corporations  of 

8  Richmond,  Fredericksburg,  Lynchburg,  Winchester,  Danville,  Staun- 
0  ton  and  Williamsburg,  by  the  voters  thereof  respectively,  a  commis- 

10  sioncr  of  the  revenue,  or  so  many  commissioners  as  may  be  author- 

11  ized  by  laAV.     In  each  city  for  which  a  circuit  court  is  held,  a  clerk 

12  for  such  court;  in  the  city  of  Richmond,  a  sheriff:  in  each  comity  in 

13  "which  a  circuit  court  is  held,  an  attorney  for  the  Commonwealth 

14  and  a  clerk  for  such  courts.     In  each   district  laid   off  by  commis- 

15  sioncrs  under  the  act  providing  for  the  districting  the  counties, 
111  passed  April  second,  eighteen  hundred  and  fifty-two,  four  justices  of 
IT  the  peace;  in  every  such  district  one  constable,  except  in  the  fourth 


2  Bill  No.  199. 

18  district  in  the  county  of  Greenbrier,  in  which  by  the  order  of  the 

19  county  court  of  said  county,  two  constables  may  be  elected;  and  cx- 

20  cept  also  in  the  tenth  district  of  the  county  of  Albemarle,  in  which 

21  by  the  order  of  the  county  court  of  said  last  named  county,  an  ad- 

22  ditional  constable  may  at  any  time  be  elected.     And  in  every  such 

23  district  by  the  voters  without  the  limits  of  a  town  that  provides  for 

24  its  poor,  one  overseer,  or  such  additional  number  as  the  court  of  the 

25  county  may  direct.    Said  election  shall  be  held  for  such  clerks  and 

26  surveyors  in  the  sixth  year;  for  such  justices  of  the  peace,  attorneys 

27  for  the  Commonwealth  and  overseers  of  the  poor,  on  the  same  day  in 

28  every  fourth  year;  and  for  sheriffs  and  commissioners  of  the  revenue 

29  on  the  same  day  in  every  second  year ;   counting  in  each  case  from 

30  the  fourth  Thursday  in  May,  eighteen  hundred  and  fifty-two :  pro- 

31  vided,  that  the  constables  elected  under  this  act  shall  have  power  to 

32  perform  the  duties  of  their  office  in  districts  other  than  those  in  which 

33  tjiey  are  elected;  and  provided  further,  that  the  voters  of  the  cities  of 

34  Norfolk,  Petersburg  and  Williamsburg,  and  of  the  towns  of  Frede- 

35  ricksburg,  Lynchburg,  Winchester  and  Danville,  shall  not  be  author- 

36  ized  to  vote  for  a  surveyor  for  the  several  counties  in  which  they  arc 

37  respectively  located." 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  201.  v>       ^° 


SENATE  BILL 


A    BILL 

Imposing  taxes  for  the  support  of  government. 

1.  Be  it  enacted  by  the  general  assembly,  That  the  taxes  on  the 

2  persons  and  subjects  in  this  chapter  mentioned,  or  required  by  law 

3  to  be  listed  or  assessed,  shall  be  yearly  as  follows  : 

Taxes  on  lands  and  lots. 

4  On  tracts  of  lands  and  lots,  with  the  improvements  thereon,  not 

5  exempt  from  taxation,  forty  cents  on  every  hundred  dollars  value 

6  thereof;  and  herein  shall  be  included  all  tracts  of  lands  and  lots, 

7  with  the  improvements  thereon,  not  otherwise  taxed,  or  exempt  from 

8  taxation,  of  incorporated  joint  stock  companies,  savings  institutions 

9  and  insurance  companies. 

On  personal  property. 

2.  On  all  the  personal  property,  moneys  and  credits,  as  defined 

2  in  this  section,  including  all  capital,  personal  property  and  moneys 

3  of  incorporated  joint  stock  companies  (other  than  railroad/ canal  or 

4  turnpike  companies),  and  all  capital  invested,  used  or  employed  in 

5  any  manufacturing,  trade  or  other  business,  forty  cents  on  every 

6  hundred  dollars  value  thereof.     But  slaves,  and  property  otherwise 


2  Bill  No.   201. 

7  taxed,  and  property  from  which  any  income  so  taxed  is  derived,  or 

8  on  the  capital  invested  in  any  trade  or  business  in  respect  to  which 
0  a  license  so  taxed  is  issued,  certificates  of  stock,  moneys  and  pcr- 

10  sonal  property  that   constitute   part   of   the  capital   of    any   bank, 

11  savings  institutions  and  insurance  companies,  whether  incorporated 

12  by  this  or  any  other  state,  which  have  declared  dividends)   within 

13  one  year  preceding  the  first  day  of  February,  of  as  much  as  six  per 

14  cent,  profits,  shall  not  be  taxed  under  the  provisions  of  this  section. 

15  The  word  "moneys"  shall  be  construed  to  include  not  only  gold, 

16  silver  and  copper  coins,  but  bullion  and  bank  notes.     The  word 

17  "credits"  shall  be  construed  to  mean  all  bank,  state  or  corporation 

18  stocks,  claims  or  demands  owing  or  coming  to  any  person,  whether 

19  due  or  not,  and  whether  payable  in  money  or  other  thing.     Moneys 

20  and  credits  owned  by  any  resident  of   this    state,   whether  such 

21  moneys  or  credits  are  within  or  without  this  state,  shall  be  taxed  at 

22  the  rate  prescribed  by  this  section. 

On  slaves. 
3.  On  every  slave  who  has  attained  the  age  of   twelve  years, 

2  whether  owned  or  hired,  or  whether  exempted  from  county  levy  in 

3  consequence  of  bodily  infirmity  or  not,  one  dollar  and  twenty  cents ; 

4  and  no  company  exempted  by  this  chapter  from  taxation,  shall  be 

5  entitled  to  any  such  exemption  from  taxation  of  any  slave  acquired 

6  since  the  adoption  of  the  constitution,  or  by  any  law,  exempting  the 

7  property  of  railroad  or  canal  companies,  upon  the  payment  of  taxes 

8  on  freight  or  passengers. 


Bill  No.  201.  3 

On  free  negroes. 

4.  On  every  male  free  negro  who  has  attained  the  age  of  twenty- 

2  one  years,  eighty  cents ;  but  no  tax  shall  hereafter  be  assessed  or 

3  collected  on  such  male  free  negro,  under  the  act  of  the  Gth^of  April 

4  1853,  establishing  a  colonization  board. 

On  white  males. 

5.  On  every  white  male  inhabitant  who  has  attained  the  age  of 

2  twenty-one  years,  not  exempted  from  taxation  by  order  of  court  in 

3  consequence  of  bodily  infirmity,  eighty  cents. 

On  public  bonds. 

6.  On  the  interest  or  profit  which  may  have  accrued,  and  is 

2  solvent,  or  which  may  have  been  received  by  any  person,  or  con- 

3  verted  into  principal  so  as  to  become  an  interest-bearing  subject,  or 

4  otherwise  appropriated,  within  the  year  next  preceding  the  first  day 

5  of  February  of  each  year,  arising  from  bonds  and  certificates   of 

6  debt  of  this  or  any  other  state,  or  country,  or  any  corporation  cre- 

7  ated  by  this  or  any  other  state,  whether  the  stock  of  such  company 

8  be  exempt  from  taxation  or  not,  six  and  two-thirds  per  centum.    But 

9  Mich  interests  or  profits  derived  from  bank  stock  or  shares  of  savings 

10  institutions  and  insurance  companies  which  pay  taxes  thereon  into 

11  the  treasury,  shall  not  be  included  herein,  unless  invested  or  other- 

12  wise  appropriated;  and  if  so  invested  or  otherwise  appropriated,  the 

13  tax  thereon  shall  be  at  the  rate  of  forty  cents  upon  every  hundred 

14  dollars  value  thereof.     If  no  interest  shall  have  been  received  within 

15  the  year  preceding  the  first  day  of  February,  then  the  value  of  the 


4  Bill  No.  201. 

1G  principal  of  such  bonds  shall  be  assessed  and  taxed  as  other  pro- 

17  perty. 

On  bank  dividends. 

7.  On  the  dividends  declared  by  any  bank  incorporated  by  this 

2  state,  the  tax  shall  be  six  and  two-thirds  per  centum  upon  the  amount 

3  thereof,  to  be  paid  into  the  treasury  by  the  bank.     If  the  dividend 

4  be  that  of  a  bank  incorporated  elsewhere,  the  tax  shall  be  six  and 

5  two-thirds  per  centum  upon  the  amount  thereof,  to  be  assessed  and 

6  collected  as  other  taxes. 

On  dividends  of  savings  institutions  and  insurance  companies. 

8.  On  the  dividends  declared  within  the  year  preceding  the  first 

2  day  of  February,  if  the  same  be  equal  to  or  over  six  per  centum  on 

3  its  capital,  by  savings  institutions  and  insurance  companies,  to  be 

4  paid  by  such  institutions  and  companies  into  the  treasury  respec- 

5  tively,  six  and  two-thirds  per  centum ;  but  if  such  dividend  be  not 

6  equal  to  six  per  centum  of  such  capital,  then  its  capital  shall  be 

7  listed  and  taxed  as  other  property. 

On  income. 

9.  On  the  income,  salary  or  fees  received  during  the  year  ending 

2  the  first  day  of  February  of  each  year,  arising  from  any  calling, 

3  service  or  profession,  or  in  consideration  of  the  discharge  of  any 

4  office  or  employment  in  the  service  of  the  state,  or  in  consideration 

5  of  the  discharge  of  any  office  or  employment  in  the  service  of  any 

6  corporation,  or  in  the  service  of  any  company,  firm  or  person,  except 

7  where  the  service  is  that  of  a  minister  of  the  gospel,  one-half  of 

8  one  per  centum  on  so  much  thereof  as  exceeds  two  hundred  and  fifty 


Bill  No.  201.  5 

9  dollars  and  not  more  than  five  hundred  dollars;  one  per  centum  if 

10  the  same  be  five  hundred  dollars.     The  tax  on  a  salary  payable 

11  under  this  section  by  an  officer  of  government  receiving  the  same 

12  out  of  the  treasury,  shall  be  deducted  from  the  amount  drawn  by 

13  the  treasury  at  the  time  the  salary  is  audited  and  paid;  and  fees  or 

14  other  income  of  such  officer  shall  be  listed  and  assessed  by  the  com- 

15  missioner  as  in  other  cases,  at  the  rates  prescribed  thereon. 

On  toll  bridges. 

10.  On  the  yearly  rent  or  annual  value  of  toll  bridges  and  fer- 

2  ries  other  than  those  toll  bridges  and  ferries  exempt  by  their  charter 

3  from  taxation,  six  per  centum. 

On  collateral  inheritances. 

11.  On  the  estate  of  a  decedent,  -which  passes  under  his  will,  or 

2  by  descent  to  any  other  person,  or  for  any  other  use  than  to  or  for 

3  the  use  of  the  father,  mother,  husband,  wife,  brother,  sister  or  lineal 

4  descendant  of  such  decedent,  there  shall  be  a  tax  of  two  per  centum 

5  of  such  estate ;  and  no  estate   shall  hereafter  so  descend  or  so  pass 

6  until  the  said  tax  shall  be  paid.     Any  taxes  which  would  have  ac- 

7  crued  under  this  section,  had  it  existed  and  been  in  force  since  the 

8  passage  of  the  act  imposing  taxes  for  the  support  of  government, 

9  on  the  18th  day  of  March  185G,  shall,  where  the  estate  has  been 

10  paid  over,  be  assessed  with  interest,   as  omitted  taxes  against  the 

11  owner.     All  such  assessments  are  to  be  made  by  the  commissioner 

12  as  on  other  subjects.     There  shall  be  included  as  omitted  taxes  on 

13  said  estates,  all  such  taxes  as  were  heretofore  released,  by  order  of 

14  court,  as  erroneously  assessed. 


6  Bill   No.    201. 

Internal  improvement  eompan 
1i_\  Every  rail  road  company  or  canal  company  shall  hereafter 

2  report  quarterly,  on  the  fifteenth  day  of  March,  June,  September 

3  and  December  in  each  year,  to  the  auditor  of  public  accounts,  the 

4  number   of  passengers  transported,    and  the   aggregate   number  of 

5  miles  traveled  by  them  within  this  commonwealth,  and  the  gross 
G  amount  received  by  such  company  for  the  transportation  of  freight 
T  over  such  road  or  canal,  or  any  part  thereof,  or  over  -water  or  other 

8  improvement,  owned  or  connected  therewith,   during  the  quarter  of 

9  the  year  next  preceding  the  first  day  of  the  month  in  •which  such  re- 

10  port  is  to  be  made.     Such  company,  -whose  road  or  canal  is  only  in 

11  part  within  the  common-wealth,  shall  report  as  aforesaid  such  portion 

12  only  of  such  amount  received  for   the  transportation  of  freight,  as 

13  the  part  of  the  said  road  or  canal,   which    is  within   this  common- 

14  wealth,  bears  to  the  -whole  of  such  road  or  canal.     If  the  profits  of 

15  such  road  or  canal  consist,   in  "whole  or  in  part  of  tolls,  the  gross 

16  amount  thereof  shall,  for  the  purposes  of  this  act,  be  construed  to 

17  be  a  part  of  the  gross  amount  received  for  the  transportation  of 

18  freight. 

13.  Such  statement  shall  be  verified  by  the  oaths  of  the  presi- 

2  dent  and  the  superintendent  of  transportation,  or  other  proper  offi- 

3  cer.     Every  company  failing  to  make  such  report,  shall  be  fined  five 

4  hundred  dollars ;  and  any  company  having  a  subordinate  board,  or 

5  any  other  board  managing  any  part  of  its  works,  may  by  its  by-laws 

6  create  and  enforce  such  penalties  as  will  secure  proper  reports  to 


Bill   No.   201.  7 

7  such  companies.     At  the  time  of  making  such  report,  the  company 

8  shall  pay  into  the  treasury,  for  every  passenger  transported,  a  tax 

9  at  the  rate  of  one  mill  for  every  mile  of  transportation  of  each  of 

10  such  passengers,  and  a  tax  of  one-half  of  one  per  centum  of  such 

11  gross  amount  received  for  the  transportation  of  freights  and  tolls. 

12  Every  such  company  paying  such  taxes,  shall  not  be  assessed  with 

13  any  tax  on  its  lands,  buildings,  cars,  boats  or  other  property  (other 

14  than  slaves)  which  they  are  authorized  by  law  to  hold  or  have.     But 

15  if  any  such  company  fail  to  pay  such  taxes  at  either  of  the  terms 

16  specified  therefor,  then  its  lands,  buildings,  cars,  boats  and  other 

17  property  shall  be  immediately  assessed  under  the  directions  of  the 

18  auditor  of  public  accounts,  by  any  person  appointed  by  him  for  the 

19  purpose,  at  its  full  value,  and  a  tax  shall  at  once  be  levied  thereon 

20  as  on  real  estate  and  other  property,  at  ten  cents  on  every  hundred 

21  dollars  value,  on  account  of  each  quarterly  default,  to  be  collected 

22  by  any  sheriff  whom  the  auditor  may  direct,  and  such  sheriff  shall 

23  distrain  and  sell  any  personal  property  of  such  company,  and  pay 

24  such  taxes  into  the  treasury  within  three  months  from  the  time  when 

25  such  assessment  is  furnished  to  him. 

Express  companies. 

14.    Every  express  company,  in  addition  to  the  license  tax  on 

2  such  company  on  any  express  business,  shall  make  a  return  to  the 

3  auditor  of  public  accounts,  on  the  15th  day  of  June  and  December 

4  in  each  year,  of  the  total  receipts  of  such  company,  on  account  of 

5  its  operations  within  the  state  of  Virginia  within  the  six  months 


8  Bill  No.  201. 

6  preceding  the  first  day  of  June  and  December  in  each  year.     Such 

7  returns  shall  be  verified  by  the  oaths  of  the  agent  and  chief  officers 

8  of   such  company,   at  its  principal  office  or  offices  in  this  state, 

9  in  the  manner  and  according  to   the  forms  prescribed  by  the   said 

10  auditor,  whether  collected  within  or  without  the  state.    Such  express 

11  company  shall  pay  on  the  total  receipts  so  reported,  a  tax  of  one- 

12  half  of  one  per  centum,  except  for  the  transportation  of  bank  notes 

13  for  brokers  and  non-residents,  for  which  the  tax  shall  be  one-fourth 

14  of  one  per  cent,  upon  the  amount  of  bank  notes  transported ;  and 

15  for  failure  to  make  such  report  or  pay  such  tax,  a  penalty  of  six 

16  hundred  dollars  shall  be  imposed  on  the  company  so  failing,  to  be 

17  recovered  as  other  penalties  are :  provided,  however,  that  no  express 

18  company,  through  any  of  its  agents,  shall  transact  any  business  ap- 
10  pertaining  to  the  business  of  a  broker,  unless  it  be  for  the  coramon- 

20  wealth.     Each  principal  officer  shall  require  from  the  several  agents 

21  employed  by  such  company,  a  report  of  their  transactions  on  oath, 

22  which  report  so  sworn  to  shall  accompany  the  report  of  the  chief 

23  officer  to  the  auditor. 

On  suits. 

15.    When  any  orignal  suit,  attachment  (other  than  an  attach- 

2  ment  sued  out  under  the  provisions  of  the  11th  section  of  chapter 

3  188  of  the  Code),  or  other  action  is  commenced  in  a  circuit,  county 

4  or  corporation  court,  there  shall  be  a  tax  of  one  dollar ;  if  it  be  an 

5  appeal,  writ  of  error  or  supersedeas  in  a  circuit  court,  there  shall  be 

6  a  tax  of  two  dollars  ;  if  it  be  an  appeal,  writ  of  error  or  supersedeas 


Bill  No.  201.  9 

7  in  a  district  court,  three  dollars  and  fifty  cents ;  and  if  in  a  court  of 

8  appeals,  five  dollars :    And  all  actions  brought  in  any  court,  whether 

ft 

9  process  be  issued  from  court  in  the  first  place  or  not,  shall  be  sub- 

10  ject  to  said  tax. 

On  seals. 

16.  When  the  seal  of  a  court,  of  a  notary  public,  or  the  seal  of 

2  the  state  is  annexed  to  any  paper,  except  in  those  cases  exempted 

3  by  law,  the  taxes  shall  be  as  follows:    For  the  seal  of  the  state,  two 

4  dollars :   for  any  other  seal,  one  dollar  and  fifty  cents,  except  in 

5  cases  of  protests  of  bills  or  notes  for  one  hundred  dollars  or  smaller 
C  sums  :  in  which  cases,  the  tax  shall  be  fifty  cents ;  and  herein  shall 

7  be  included  a  tax  on  a  scroll  annexed  to  a  paper  in  lieu  of  an  official 

8  seal. 

On  wills  and  administrations. 

17.  On  the  probate  of  every  will  or  grant  of  administration, 
2  there  shall  be  a  tax  of  dollar. 

Deeds. 

18.  On  every  deed  admitted  to  record,  whether  the  same  has 

2  been  recorded  before  or  not,  and  on  every  contract  relating  to  real 

3  estate,  whether  it  be  a  deed  or  not,  which  is  admitted  to  record, 

4  there  shall  be  a  tax  of  one  dollar. 

On  Licenses. 
Ordinaries. 

19.  The  taxes  on  licences  shall  be  as  follows  : 

2         On  a  license  to  keep  an  ordinary  or  house  of  public  entertain- 


10  Bill  No.  201. 

3  merit,  forty   dollars ;   and  if  the  yearly  value  of  such  house  and 

4  furniture,  whether  rented   or  kept  by  the   proprietor,  exceeds   one 

5  hundred  dollars,  and  is  less   than  two  hundred  dollars,  the  tax  shall 

6  he  fifty  dollars  ;  and  if  the  yearly  value  thereof  exceeds  two  hun- 

7  dred  dollars,  there  shall  he  added  to  the  last  mentioned  sum  fifteen 

8  per  cent,  on  so  much  thereof  as  exceeds  two  hundred  dollars  :    And 
0  if  the  license  grants  the  privilege  of  retailing  ardent  spirits,  porter, 

10  ale  or  hcer,  to  he  drank  elsewhere  than  at  such  ordinary,  there  shall 

11  be  added  to  said  license  a  tax  of  fifty  dollars  in  addition  to  the 

12  amount  otherwise  imposed ;  and  if  the  business  he  continued,  there 

13  shall  also  be  a  tax  of  one  per  centum  upon  the  amount  of  such  sales 

14  for  the  preceding  year,  in  addition  to  the  specific  tax. 

Private  entertainment. 

20.  On  a  license  to  keep  a  house  of 'private  entertainment  or  a 

2  private  boarding  house,  or  any  other  house  not  private,  but  kept  for 

3  public  resort  for  any  purpose,  five  dollars ;  and  if  the  yearly  value 

4  of  such  house  and  furniture  exceed  fifty  dollars  and  is  less  than  one 

5  hundred  dollars,  the  tax  shall  be  ten  dollars.     If   the  yearly  value 
G  thereof  exceed  one  hundred  dollars,  there  shall  be  added  to  the  last 

7  mentioned  sum  ten  per  cent,  on  so  much  thereof   as  exceeds  one 

8  hundred  dollars.     But  no  house  shall  be  deemed  a  private  boarding 

9  house  with  less  than  five  boarders. 

21.  On  every  license  to  keep  a  cook  shop  or  eating  house,  fifteen 

2  dollars ;  and  in  addition  thereto,  fifteen  per  cent,  on  so  much  of  the 

3  yearly  value  thereof  as  exceeds  one  hundred  dollars. 


Bill   No.   201.  11 

Bowling  alleys. 

22.  On  every  license  permitting  a  bowling  alley  or  saloon  to  be 

2  kept  for  a  year,  fifty  dollars :  and  if  there  is  more  than  one  such 

3  alley  kept  in  any  one  room,  fifteen  dollars  each  shall  be  charged  for 

4  the  excess  over  one. 

Billiard  tables. 

23.  On  every  license  permitting  a  billiard  table  to  be  kept  for  a 

2  year,  one  hundred  dollars :  provided,  that  where  there  is  more  than 

3  one  such  table  kept  in  any  one  room,  fifty  dollars   each  shall  be 

4  charged  for  the  excess  over  one  table  :  provided,  that  if  such  billiard 

5  table,  bowling  alley  or  saloon,  be  not  kept  open  more  than  four 

6  months  in  any  one  year,  the  taxes  thereon  shall  only  be  one-half  of 

7  these  rates,  but  the  license  granted  shall,   at  the  time  of  granting 

8  the  same,  be  for  a  period  of  four  months,  or  for  a  period  of  twelve 

9  months. 

Bagatelle  tables. 

24.  On  every  license  permitting  a  bagatelle  or  other  like  table 

2  to  be  kept  for  one  year  or  any  less  time,  twenty  dollars  for  the  first, 

3  and  if  more  than  one,  ten  dollars  for  the  second,  and  five  dollars  for 

4  each  additional  table  kept  in  the  same  house. 

Livery  stables. 

25.  On  every  license  to  a  keeper  of  a  livery  stable,  one  dollar 
2  for  each  stall  thereof;  and  herein  shall  be  included  as  stalls,  such 
8  >]iacc  as  may  be  necessary  for  a  horse  to  stand,  and  in  which  a 
4  horse  is  or  may  be  kept,  and  no  exemption  from  this  license  shall 


12  Bill  No.  201; 

5  be  allowed  to   any  person  in   consequence  of   such   person  being 

6  licensed  to  keep  an  ordinary  or  house   of   private  entertainment,   if 

7  any  horses  be  kept  there  or  be  fed  or  hired  for  compensation  by  the 

8  proprietor  thereof;  but  no  tax  shall  be  required  for  such  horses  as 

9  belong  to  travelers  stopping  at  such  house. 

Distilleries. 
26,   On  every  license  to   the    proprietor  of   a   distillery,  if   a 

2  beginner,  the  tax  shall  be  twenty  dollars;  and  if  said  distillery  is  to 

3  be  kept  in  operation  as  much  as  four  months  in  the  year,   the  tax 

4  shall  be  thirty  dollars;  if  for  six  months,  forty  dollars;  if  for  nine 

5  months,  sixty  dollars ;  if  for  a  longer  time  than  nine  months,  one 

6  hundred  dollars;  and  if  such  distillery  has  been  kept  in  operation 

7  as  much  as  four  months  in   the  year  next  preceding  the   time  of 

8  obtaining  such  license,  the  proprietor  thereof  shall  pay,  in  addition 

9  to  the  tax  imposed  on  beginners,  one  per  centum   on  the  amount  of 

10  sales  of  liquors  so  manufactured  at  such  distillery   for  the   twelve 

11  months  next  preceding  the  time  of  obtaining  such  license.     No  com- 

12  pany  or  firm,  whether  engaged  in  distilling  grain  or  fruit  produced 

13  by  themselves  or  not,  owning  a  distillery,   shall  be  exempt  from 

14  taxation,  unless  the  grain  or  fruit  was  the  joint  production   of   the 

15  company  or  firm  owning  the  distillery.     If  the  distillery  is  engaged 

16  in  distilling  fruit  or  grain  produced  by  the  owner  thereof,  and  is  not 

17  so  engaged  for  more  than  four  months,  no  tax  shall  be  imposed;  but 

18  if  so  engaged  for  more  than  four  months,  whether  engaged  in  dis- 

19  tilling  fruit  or  grain  produced  by  the  owner  or  not,  the  tax  shall  be 

20  assessed  and  collected  as  in  this  section  provided. 


Bill  No.  201.  13 

Merchants. 

27.  On  every  license  to  a  merchant  or  mercantile  firm,  where  a 

2  specific  tax  is  to  be  paid,  sixty  dollars  :  provided,  that  if  the  capital 

3  employed  and  to  be  employed,  including  borrowed  capital  and  goods 

4  and  property  bought  on  credit,  by  said  merchant  or  firm  be  shown 

5  by  affidavit  to  be  less  than  five  hundred  dollars,  the  tax  to  be  paid 

6  shall  be  ten  dollars ;  but  this  proviso  shall  not  authorize  any  such 

7  person  to  sell  wine,  ardent   spirits,  or  a  mixture  thereof;  and  when 

8  the  tax  is  in  proportion  to  the  sales,  if  the  taxable  sales  shall  be 

9  under  one  thousand  and  one  dollars,  the  tax  shall  be  twenty  dollars ; 

10  if  one  thousand  and  one  and  under  fifteen  hundred  dollars,  twenty- 

11  four  dollars ;  if  fifteen  hundred  dollars  and  under  twenty-five  hun- 

12  dred  dollars,  thirty-two  dollars;  if  twenty-five  hundred  dollars  and 

13  under  five  thousand  dollars,  forty-eight  dollars ;    if  five  thousand 

14  dollars  and  under  ten  thousand  dollars,  seventy-six  dollars  ;   if  ten 

15  thousand  and  under  fifteen  thousand  dollars,  ninety-six  dollars  ;  if 

16  fifteen  thousand   dollars   and  under   twenty  thousand  dollars,  one 

17  hundred  and  twelve  dollars ;  if  twenty  thousand  dollars  and  under 

18  thirty  thousand  dollars,  one  hundred  and  forty  dollars  ;  if  thirty 

19  thousand  dollars  and  under  fifty  thousand  dollars,  two  hundred  and 

20  eight  dollars  ;   and  if  over  fifty  thousand  dollars,  ten   dollars   for 

21  every  ten  thousand  dollars  excess  over  the  said  sum  of  fifty  thousand 

22  dollar  >. 

Merchant's  permission  to  sell  ardent  spirits. 

28.  And  in  every  case  in  vhich  the  license  to  a  merchant  or 


14  Bill  No.  201. 

2  mercantile  firm  includes  permission  to  sell  wine,  ardent  spirits  or  a 
bcture  thereof,  porter,  ale  or  beer,  by  wholesale  and  retail,  or  by 

4  retail  only,  if  such  merchant  or  firm  (commencing  business  for  the 

5  first   time)  Bell   bj  wholesale   and  retail,  an   additional   lax   of  one 

6  hundred  dollars;  and  it"  by  retail  only,  forty  dollars ;  and  if  such 

7  license  be  to  a  merchant  or  mercantile  firm  to  continue  the  privilege 

8  of  selling  wine,  ardent  spirits  or  a  mixture  thereof,  porter,  ale  or 

9  beer,  if  by  wholesale,  or  by  wholesale  and  retail,  or  by  retail  only, 

10  the  tax  shall  be  one  per  centum  on  the  amount  of  such  sales  for  the 

11  year  next  preceding  the  time  of  obtaining  said  license,  in  addition  to 

12  the  specific  tax  imposed  on  beginners  ;  but  said  sales  shall  not  bo 

13  estimated  in  ascertaining  the  amount  of  a  merchant's  license. 

Merchant  t<iih>rs  ami  others. 

29.  Merchant  bailors,  Lumber  merchants,  dealers  in  coal,  ice  or 

2  "wood,  shall  obtain  licenses  as  merchants,  and  be  assessed  and  taxed 

3  thereon  as  other  merchants  are  by  the  preceding  sections  of  this  act, 

4  and  shall  be  subject  to  like  penalties  for  conducting  such  business 

5  without  a  merchant's  license. 

Commission  mcrchan ts. 

30.  The  tax  on  every  license  to  a  commission  merchant,  for- 

2  warding  merchant,  tobacco  auctioneer  or  ship  broker,  shall  be  forty 

3  dollars  each  if  commencing  business ;  and  if  to  continue  such  busi- 

4  ncss  after  the  same  has  been  carried  on  for  a  year,  the  tax  on  such 

5  license  shall  be  two  per  centum  on  the  amount  of  commissions  re- 
G  ceived ;  and  this  tax  shall  be  in  addition  to  such  tax  as  may  be 


Bill  No.  201.  15 

7  imposed  on  a  license  to  such  merchant  or  firm,  to  sell  any  goods, 

8  wares  or  merchandise.    All  goods  consigned  to  any  such  commission 

9  merchant,  forwarding  merchant  or  tobacco  auctioneer,  whether  such 

10  goods  be  agricultural  productions,  or  other  articles  exempted  in  the 

11  hands  of  the  producer  or  owner  from  taxation,  shall  be  included  as 

12  subjects  of  taxation,  under  the  provisions  of  this  section. 

Auctioneers. 
31.  On  every  license  to   an  auctioneer  or  vendue  master  com- 

2  mencing  business,  twenty-five  dollars ;  and  if  the  place  of  business 

3  be  in  a  town  containing  a  population  of  three  thousand  inhabitants, 

4  thirty-two   dollars;    if  the  population  exceeds  three  thousand,  an 

5  additional  tax  of  fifteen  dollars  for  every  thousand  persons  above 

6  that  number,  and  at  that  rate  for  any  fractional  excess  less  than  one 

7  thousand;  but  said  specific  tax  shall  in  no  case  exceed  three  hun- 

8  drcd  and  fifty  dollars.     On  every  license  to  an  auctioneer  who  deals 

9  exclusively  in  real  estate,  two  hundred  and  fifty  dollars,  and  he  shall 

10  have  the  right  to  sell  real  estate  at  auction  or  otherwise.     On  every 

11  license  to  an  auctioneer  or  vendue  master,  in  this  section  mentioned, 

12  to  continue  the  business  after  the  same  has  been  carried  on  for  a 

13  year,  one-half  of  one  per  centum  on  the  amount  of  taxable  sales  of 

14  such  auctioneer  or  vendue  master;  but  in  no  case  shall   the  tax  on 

15  such  sales  exceed  one  thousand  dollars:  provided,  the  tax  to  be  paid 
1<>  by  auctioneers  for  the  sales  of  molasses  and  sugar,  shall  in  no  case 

17  exceed  five  hundred  dollars  for  such  sales;  but  the  tax  on  sales  of 

18  other  articles   shall   not  lie  affected  by  tins  provision.     But  no  sale 

19  shall  lie  made  at  any  other  place  than  the  house  named  in  the  license 


1G  Bill  No.  201. 

20  as  the  place  of  business,  or  at  such  other  place  as  the  person  owning 

21  the  property  is  authorized  t<>  Bell  the  same;  and  no  goods  shall  be 

22  consigned  to  such  auctioneer  for  sale,  unless  the  owner  thereof  has 

23  obtained  a  merchant's  license  for  a  period  as  long  as  one  whole  year. 

Common  crier, 

32.  On  every  license  to  a  common  crier,  if  in  a  town  of  more 

2  than  1,000  inhabitant.-,  ten  dollars;  but  he  shall  not  be  authorized 

3  to  act  as  such  in  the  sale  of  any  property  belonging  to  any  person, 

4  unless  such  owner  is   authorized  to  sell  such  property  without  a 
o  license,  or  has  obtained  a  license  to  do  so. 

Sample  merchants. 

33.  On  every  license  to  sell  goods  by  sample,  card  or  other  rep- 
2  rcsentation,  two  hundred  dollars. 

Express  companies. 

34.  On  every  license  permitting  an  express  company  to  operate 
2  throughout  the  state,  fifty  dollars. 

Patent  rights. 

35.  On  every  license  to  sell  or  barter  the  right  to  manufacture 

2  or  use  any  machinery  or  other  thing  patented  to  any  person  or  com- 

3  pany,  under   the    laws  of   the   United   States,  ten   dollars  in   each 

4  county;  and  no  merchant  shall  sell  the  same  without  an  additional 

5  license. 

Quack  medicines. 

36.  On  every  license  to  sell  patent,  specific'or  quackj^medicines, 
2  if  by  retail,  twenty-five  dollars,  and  if  by  wholesale,  fifty  dollars. 


Bill  No.  201.  17 

3  A  person  having  a  merchant's  license  may  sell  any  such  medicines 

4  without  any  additional  license,  unless  the  same  be  sold  on  commis- 

5  sion ;  in  which  case  the  additional  license  and  tax  shall  be  imposed. 

Book  agents. 

37.  On  every  license  to  a  person  obtaining  subscriptions  to  books, 

2  maps,  prints,  pamphlets  or  periodicals,  twenty-five  dollars  for  each 

3  county.     On  every  license  to  sell  or  in  any  manner  furnish  the  same, 

4  twenty-five  dollars;    if  the  person  obtaining  such  license  has  not 

5  been  a  resident  of  the  state  two  years,  the  tax  shall  in  each  case  be 

6  two  hundred  dollars.     But  any  person  who  has  been  a  resident  of 

7  the  state  for  two  years,  desiring  to  distribute  or  sell  any  religious 

8  books,  newspapers  or  pamphlets,  may  apply  to  the  county  or  corpo- 

9  ration  court  of  each  county  in  which  he  may  desire  to  distribute  or 

10  sell  the  same;  and  such  court,  upon  being  satisfied  that  such  person 

11  is  a  proper  person  for  such  duty,  may  grant  him  a  license,  without 

12  the  imposition  of  any  tax  for  the  privilege. 

Agents  for  renting  houses  and  hiring  negroes. 

38.  On  every  license  to  a  person  engaged  as  agent  for  the  rent- 
2  ing  of  houses,  twenty-five  dollars. 

39.  On  every  license  to  a  person  engaged  as  agent  for  the  hiring 
2  of  negroes,  fifty  dollars. 

Stallions. 

40.  On  every  license  to  the  owner  of  a  jackass  or  stallion,  for 

2  services  of  which  the  compensation  is  received,  twice  the  amount  of 

3  such  compensation,  when  the  charge  is  for  such  service  by  the  sea- 

8 


18  Bill  No.  201. 

4  son  :  and  where  such  services  arc  for  less  than  a  season,  then  twice 

5  what  a  commissioner  may  judge  to  be  a  reasonable  charge  therefor. 

6  The  tax,  however,  in  no  case  to  be  less  than  ten  dollars. 

Theatrical  performances. 

41.  On  every  license  permitting  theatrical  performances  in  a 

2  public  theatre  or  elsewhere,  six  dollars  each  week  of   such  perform- 

3  ances,  notwithstanding  the  owner  of  the   place  of  exhibition   shall 

4  have  paid  the  license  tax  required  on  such  theatre  or  rooms  fitted 

5  for  public  exhibitions. 

42.  On  every  license  permitting  the  sale  of  refreshments  in  a 

2  theatre  during  such  performances,   one  hundred  dollars  for  each 

3  place  of  sale ;  and  no  abatement  shall  be  made,  if  the  privilege  be 

4  exercised  for  a  period  of  less  than  one  year. 

43.  On  every  license  permitting  the  proprietor  or  occupier  of 
*  2  any  public  theatre  or  room  fitted  for  public  exhibitions,   to  use  the 

3  same  for  such  purposes  for  a  year,  twenty  dollars,  if  such  room  be 

4  in  a  town  of  less  than  five  thousand  inhabitants;  forty  dollars,  if  in 

5  a  town  of  more  than  five  thousand  and  less  than  ten  thousand  inhabi- 

6  tants,  and  sixty  dollars  in  all  other  towns ;  but  the  land  and  house 

7  in  which  such  public  shows  are  authorized,  shall  not  be  exempt  from 

8  taxation  as  other  similar  property. 

44.  On  every  license  permitting  any  public  show,  exhibition  or 

2  performance,  if  in  a  corporate  towrn,  or  within  five  miles  thereof,  for 

3  each  time  of  performance,  ten  dollars;  if  elsewhere,  five  dollars; 

4  and  for  every  exhibition  of  a  circus,  if  within  a  corporate  town,  or 


Bill  No.  201.  19 

5  within  five  miles  thereof,  forty  dollars ;   if  elsewhere,  twenty  dol- 

6  lars ;    and  for  every  exhibition  of  a  menagerie,  if  within  a  corporate 

7  town,  or  five  miles  thereof,  forty  dollars ;    if  elsewhere,  twenty  dol- 

8  lars.     All  such  shows,  exhibitions  and  performances,  whether  under 

9  the  same  canvas  or  not,   shall  be  construed  to  require  separate 

10  licenses  therefor,  whether  exhibited  for  compensation  or  not ;    and 

11  upon  any  such  shows,  exhibitions  and  performances  being  concluded, 

12  so  that  an  additional  fee  for  admission  be  charged,  in  lieu  of  a  return 

13  check  authorizing  the  holder  to  re-enter  without  charge,   shall  be 

14  construed  to  require  an  additional  license  therefor. 

Porter,  ale  and  beer. 

45.  On  every  license  to  manufacture  porter,  ale  and  beer,  or 

2  either,  fifty  dollars.     On  every  license  to  sell,  by  retail,  porter,  ale 

3  or  beer,  twenty  dollars ;  and  if  the  business  be  continued  for  more 

4  than  one  year,  an  additional  tax  of  one  per  centum  on  the  amount 

5  of  sales  of  the  previous  year.     But  if  the  license  be  to  retail  to  be 

6  drank  where  sold,  it  shall  be  granted  upon  the  certificate   of   the 

7  county  or  corporation  court,  at  the  same  terms  and  in  every  respect 

8  as  certificates  arc  granted  to  ordinary  keepers  and  merchants  to 

9  retail  ardent  spirits. 

Stock  brokers. 

46.  On  every  license  to  a  broker  who  deals  exclusively  in  stocks, 

2  five  hundred  dollars ;  and  he  shall  thereupon  have  the  right  to  sell 

3  the  said  stocks  at  auction  or  otherwise. 


20  Bill  No.    201. 

Bank  note  broken. 
17.   On  every  license  to  a  broker,  five  hundred  dollars  :  if  located 
'2  in  a  city  with  a  population  exceeding  fifteen  thousand  of  white  popu- 
3  lation,  seven  hundred  and  fifty  dollars. 

Insurance  companies. 

48.  On  every  license  to  an  agent  or  Bub-agent  <>f  any  insurance 

2  company  not  chartered   by  this   state,  twenty-five   dollars    in  each 

3  county  or  city  in  which  an  office  or  place  of  business   is  situated; 

4  and  in  addition  thereto,  a  tax  of  one-half  of  one  per  cent,  on  the 

5  whole  amount  of  premiums  received  and  assessments   collected  by 

6  such  agent  or  sub-agent  or  company  within  the  state,  as  prescribed 

7  by  law. 

Physicians  and  others. 

49.  On   every  license   to   a  physician,  surgeon  or   dentist,  five 

2  dollars  each  ;   and  on  every  license  to  an  attorney  at  law,  five  dol- 

3  lars.     If  the  yearly  income  derived  from  the  practice  of  any  such 

4  callings  or  professions  during  the  year  next  preceding  the  time  of 

5  obtaining  such  license  shall  exceed  four  hundred  dollars,  there  shall 

6  be  an  additional  tax  on  the  excess  of  one  per  centum  ;  and  this  in- 

7  come  shall  be  included  in  the  license  tax. 

Dagucrreian  artists. 

50.  On  every  license  to  the  owner  of  a  dagucrreian  or  such  like 

2  gallery,  by  whatsoever  name  it  may  be  known  or  called,  if  in  a  city 

3  or  incorporated  town  of  less  than  five  thousand  inhabitants,  twenty 

4  dollars :   if  more  than  five  thousand  inhabitants,  forty  dollars ;  if 


Bill   No.   201.  21 

5  elsewhere,  ten  dollars ;  and  if  the  yearly  income  derived  from  the 

6  practice  of  said  art  exceed  five  hundred  dollars  in  any  county,  city 

7  or  town,  an  additional  tax  of  two  per  centum  on  such  excess  for  the 

8  year  next  preceding  the  time  of  obtaining  such  license :  and  such  tax 
0  shall  be  imposed  whether  an  artist  perform  in  a  gallery  or  not. 

Horses,  mules,  asses  and  jennets. 
51.  On  every  license  to  sell  horses,  mules,  asses  and  jennets,  which 

2  are  brought  into  this  state  for  sale,  ten  dollars  in  each  county ;  and 

3  the  act  making  general  regulations  concerning  licenses  shall  be  so 

4  far  modified  that  the  certificate  for  obtaining  such  licenses  may  de- 

5  signate  the  county  or  corporation  as  the  place  of  sale.    But  the  sale 

6  of  any  other  thing  except  specially  authorized  to  be  sold  elsewhere, 

7  shall  name  the  particular  place  in  the  county  or  town  whereat  the 

8  sale  may  be  made,  and  horses  so  brought  into  this  state,  as  often  as 

8  they  are  sold  and  the  principal  object  of  the  sale  is  for  profit,  al- 

9  though  previously  sold  in  this  state,  shall  subject  the   person  so 
10  selling  to  the  tax  hereby  imposed. 

Horses,  mules,  $-c.  sold  for  profit. 

52.  On  every  license  to  sell  for  others,  on  commission  or  for 

2  profit,  horses,  mules,  asses,  jennets,  cattle,  sheep  and  hogs,  or  either 

3  of  them,  ten  dollars  in  each  county;  and  the  Bale  may  be  made  under 
i    Mich  license  at  any  place  in  such  county  or  corporation. 

Carriages,  buggies  and  other  vehicles. 

53.  On  every  license  to  sell  carriages,  buggies,  barouches,  gigs, 

2  wagons,  and  such  like  vehicles,  manufactured  out  of  this  state,  fifty 

3  dollai 


22  Bill  No.  201. 

Slaves  bought  for  pr 
;">4.    On  every  license  to  buy  slaves  on  conunission  or  for  profit, 

2  ten  dollars  in  each  county;  and  on  the  yearly  income  of  such  busi- 

3  ness  in  all  the   counties  (to  be  taxed  but  once),  an  additional  tax  of 

4  two  per  centum  on  suck  income. 

General  provisions. 

55.  This  act  shall  be  construed  to  impose  a  tax  on   all  occupa- 

2  tions  prohibited,  unless  the  party  exercising  any  thing  so  prohibited 

3  show  by  his  affidavit  that  his  case   comes  under  some  of  the  execp- 

4  tions  to  this  act,  or  to  the  38th  chapter  of  the  Code  (edition  1860), 

5  making  general  regulations  concerning  licenses. 

56.  No.licensc  shall  be  construed  to  grant  any  privilege  beyond 

2  the  county  or  corporation  wherein  it  is  granted,  unless  it   be  ex- 

3  pressly  authorized. 

57.  Every  license  granting  authority  to  sell,  unless  the  license 

2  be  specially  authorized  by  law  for  a  county  or  corporation,  shall  be 

3  at  some  specified  house  or  place  within  such  county  or  corporation. 

58.  Commissioners  of  the  revenue  shall  furnish  or  cause  to  be 

2  furnished  to  every  tax  payer  to  be  found  within  his  county,  the  forms 

3  prescribed  by  the  65th  section  of  chapter  35  of  the  Code.     He  shall 

4  require  answers,  according  to  said  section,  and  with  his  books,  shall 

5  transmit  said  forms  to  the  auditor  of  public  accounts. 

59.  Any  person  continuing  business,  after  any  license  obtained 

2  by  him  shall  have  expired,  without  obtaining,  on  or  before  the  day 

3  his  former  license  so  expired,  a  license  for  the  succeeding  term,  such 


Bill  No.  201.  23 

4  person  shall  be  assessed  with  twice  the  amount  of  tax  otherwise  im- 

5  posed  on  such  license. 

00.  If  a  commissioner  shall,  in  his  list  of  licenses  to  be  furnished 

2  to  the  auditor  of  public  accounts,  charge  or  extend  in  any  case  a  tax 

3  less  than  the  law  requires,  the  auditor  of  public  accounts  shall  de- 

4  duct  the  amount  omitted  to  be  charged  or  extended,  from  the  eom- 

5  pensation  of  the  commissioner ;  and  to  enable  the  auditor  to  make 

6  an  examination  of  such  lists,  the  commissioner  shall  return  to  him, 

7  with  his  return  of  licenses,  all  interrogatories  which  may  have  been 

8  propounded  by  him,  under  the  direction  of  the  auditor  of  public 

9  accounts,  and  answered. 

01.  Any  subject  of  taxation  required  to  be  listed  under  the  pro- 

2  visions  of  the  35th  and  38th  chapters  of  the  Code,  and  not  specially 

3  taxed  herein,  shall  be  taxed  as  similar  subjects. 

62.  After  the  year  1861  the  auditor,  in  prescribing  the  form  for 

2  the  commissioner's  land  book,  shall  so  reform  the  40th  section  of 

3  chapter  35  of  the  Code,  2d  edition,  as  to  show  in  one  column  the 

4  value  of  lands,  exclusive  of  buildings,   which  value  shall  not  be 

5  changed. 

63.  The  third  chapter  of  the  act,  entitled  an  act  imposing  taxes 

2  for  the  support  of  government,  passed  March  31st,  1860,  be  and  the 

3  same  is  hereby  repealed. 

64.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  202. 


SENATE    BILL 


A    BILL 

Making  appropriations  for  deficiencies  in  former  appropriations,  and 
for  defraying  expenses  of  the  General  Assembly  and  Convention 
now  in  session. 

1.    Be  it  enacted  by  the  General  Assembly,   That  the  public 

2  taxes  and  arrears  of  taxes  due  prior  to  the  first  day  of  October 

3  1861,  and  not  otherwise  appropriated,  and  of  all  other  branches  of 

4  revenue,  and  all  public  moneys,  "whether  borrowed  or  not,  not  other- 

5  wise  appropriated  by  law,  which  shall  come  into  the  treasury  prior 

6  to  the  said  first  day  of  October  1861,  shall  constitute  a  general 

7  fund,  and  in  addition  to  the  appropriations  by  the  act  passed  the 

8  17th  March  1860,  be  appropriated  for  the  fiscal  year  to  close  on  the 

9  30th  day  of  September  1861,  as  follows,  to  wit : 

10  To  pay  expenses  of  the  general  assembly  for  the  session  com- 

11  mencing  on  the  7th  day  of  January  1861,  $125,000. 

12  To  each  of  the  pages  of  the  Senate  and  House  of  Delegates, 

13  the  sum  of  two  dollars  per  day  for  each  day  of  service  as  such;  to 

14  be  paid  upon  the  certificate  of  the  clerk  of  the  Senate  and  clerk  of 

15  the  House  of  Delegates,  respectively. 


2  Bill  No.  202. 

16  To  Alfred  Thornton,  a  porter  to  the  Senate,  for  his  services  as 

17  such,  and  also  for  his  attention  to  the  Senate  chamber,  clerk's  office 

18  and  committee  rooms  of  the   Senate,  and  making  fires  in  the  same, 

19  $2  f)0  per  day ;  to  be  paid  upon  the  certificate  of  the  clerk  of  the 

20  Senate. 

21  To  Richard  Matthews,  keeper  of  the  keys  of  the  capitol,  for 

22  his  extra  services  during  the  last  session,  $1  for  each  night  session 

23  held. 

21  To  the  further  expenses  of  making  fires  and  superintending 
25  furnaces  in  the  capitol,  the  customary  allowances  to  the  several  pcr- 
2G  sons  entitled  to  the  same;  to  be  paid  upon  the  certificate  of  the 

27  Superintendent  of  Public  Buildings. 

28  To  pay  the  expenses  of  the  convention  to  assemble  on  the  13th 

29  February,  1861. 

30  To  pay  expenses  of  commissioners  to  the  city  of  Washington 

31  and  to  the  Southern  States,  eight  dollars  per  day,  and  20  cents  per 

32  mile  to  each  commissioner. 

33  For  payment  of  so  much  of  the  interest  on  the  public  debt  and 

34  the  gradual  redemption  thereof,  and  for  investment  omitted  in  the 

35  last  appropriation,  $156,897. 

36  For  deficiency  of  interest  due  to  the  Literary  fund,  $1,000. 

37  For  deficiency  in  appropriation  to  pay  expenses  in  comparing 

38  polls  in  sundry  elections,  $  350. 

39  For  deficiency  in  appropriation  to  pay  the  salaries  of  judges  and 
,     40  other  officers,  $1,000. 


Bill  No.  202.  3 

41  For  deficiency  in  appropriation  to  pay  for  slaves  sentenced  for 

42  crime,  $10,000. 

43  For  deficiency  in  supplies  for  the  support  of  convicts  and  trans- 

44  ports,  $3,000. 

45  For  deficiency  in  appropriation  to  pay  for  brigade  inspectors, 

46  adjutants,  clerks,  musicians,  &c.  $30,000. 

47  For  deficiency  in  appropriation  to  pay  the  salary  of  the  adjutant 

48  general,  $500. 

49  For  deficiency  in  appropriation  for  expenses  of  visitors  to  the 

50  Virginia  military  institute,  $2,200. 

51  For  deficiency  in  the  Military  contingent  fund,  $1,800. 

52  To  pay  for  the  publication  of  defaulting  officers,  $200. 

53  For  deficiency  in  appropriation  for  the  annual  support  of  Vir- 

54  ginia  military  institute,  $5,700. 

55  For  deficiency  in  appropriation  to  pay  for  rations,  clothing,  &c, 
50  of  the   public   guard   and   the   interior   guard   at   the   penitentiary, 

57  $5,000. 

58  For   deficiency  in  appropriation  to  pay  for  collecting  and  distri- 

59  bating  arms,  $1,800. 

60  For  deficiency  in  appropriation  fur  taking  lists  of  taxable  pro- 

61  perty,  $5,000. 

62  For  deficiency  in  appropriation  to  the  Western  lunatic  asylum, 

63  $500. 

64  For  deficiency  in  appropriation  heretofore  made  to  and  uncalled 

65  for  by  the  Eastern  lunatic  asylum,  $31,250. 


4  Bill  No.  202. 

66  For  construction  of  the  Trans- Alleghany  lunatic  asylum,  addi- 

67  tional  to  that  heretofore  appropriated,  $50,000. 

68  For  deficiency  in  appropriation  to  pay  expenses  of  lunatics  con- 

69  fined  in  county  jails,  $1,800. 

70  For  deficiency  to  pay  expenses  of  civil  suits,  $1,000. 

71  For  deficiency  in  appropriation  for  the  repairs  of  the  governor's 

72  house  and  furnishing  the  same  with  fuel  and  lights,  $3,700. 

73  For  deficiency  in  appropriation  for  the  repairs  of  the  eapitol, 

74  $4,500. 

75  For  deficiency  in  appropriation  for  publishing  Grattan's  Reports, 
70  $3,618. 

77  For  reprinting  500  copies  of  the  5th  volume  of  Leigh's  Reports, 

78  $1,250. 

79  For  4,500  copies  of  Mayo's  Guide,  $11,250. 

80  For  printing  to  he  done  in  pursuance  of  the  act  of  the  20th 

81  February  1858,  and  for  books  for  public  offices,  $16,000. 

82  For  10,000  copies  of  the  second  edition  of  the  Code,  $20,000. 

83  To  the  Secretary  of  the  Commonwealth,  for  preparing  the  second 

84  edition  of  the  Code,  $2,000. 

85  For  completing  the  statue  of  Nelson,  $4,500. 

86  For  erecting  the   statue   of  Nelson   and   allegorical   figures   on 

87  Washington  monument,  $23,400. 

88  For  balance  of  appropriation  of  act  of  21st  February  1854,  for 

89  Gait's  statue  of  Jefferson,  $4,000. 

90  For  permanently  enclosing  the  birth  place  of  Washington  and 


Bill  No.  202.  5 

91  the  home  and  graves  of  his  progenitors  in  America,  and  marking 

92  the  same  by  suitable  tablets,  under  act  of  the  20th  January,  1858, 

93  $4,860  79. 

94  For  balance  of  money  appropriated  for  enlargement  of  medical 

95  college,  under  act  of  March  1st,  18G0,  $15,000. 

90         For  the  per  diem  and  milage  of  electors  of  president  and  vicc- 

97  president  and  pay  of  secretory  to  the  college  of  electors,  $1,200 ; 

98  and  to  William  Teller,  page  of  the  electoral  college,  $25. 

99  For  commissions  to  sheriffs  remaining  unpaid,  and  to  be  paid 

100  upon  the  warrant  of  the  auditor  of  public  accounts,  $1,500. 

101  For  deficiency  in  appropriations  to  pay  commissioners  for  list- 

102  ing  free  negroes,  $120. 

103  To  meet  claims  allowed  and  outstanding  for  expenses  growing 
101  out  of  the  John  Brown  raid,  $906  61. 

105  To  George  W.  Munford,  J.  M.  Bennett  and  Wm.  II.  Iiichard- 

106  son,  for  auditing  the  claims  for  the  defence  of  Harpers  Ferry  and 

107  the  execution  of  John  Brown,  each  $500. 

108  For  rewards  under  act  of  17th  March  1856,  and  claims  under 

109  the  45th  chapter  of  the  Code,  $5,000. 

2.  In  case  any  of  the  appropriations  herein  made,  are  in  whole 

2  or   in   part  included   in   any  general   or   special  appropriation   act, 

3  heretofore  passed,  no  more  money  shall  be  paid  under  this  act  than 

4  such  sum  or  sums  which  remain  unpaid  under  such  acts. 

3.  So  much  of  the  public  revenue  as  may  be  received  into  the 
2  public  treasury  after  the  30th  day  of  September  1861,  and  the  sur- 


G  Bill  No.  202. 

3  plus  of  all  other  appropriations  made  prior  to  that  date,  unexpended 

4  within  the  two  fiscal  years,  ending  respectively  on  the  30th  of  Scp- 

5  tember  1800,  and  30th  of  September  1861,  and  all  moneys  not 

6  otherwise  appropriated  by  law,  shall  constitute  a   general   fund,  to 

7  defray  such  expenses  authorized  by  law  aa  are  not  herein  particu- 

8  larly  provided  for,  and  to   defray  the  usual   allowances  for  support 
'.»  and  transportation  to  lunatic  asylums  and  other  current  expenses  of 

10  the  commonwealth,  in  the  fiscal  year  which  will  commence  on  the 

11  first   day  of  October   1861,  and  terminate   on   the   30th  September 

12  1802.     And  the  auditor  of  public  accounts  is  hereby  authorized  and 

13  required  to  issue  his  warrants  in  the  same  manner  as  if  the  same 

14  had  been  specifically  mentioned,  subject  to  such  exceptions,  liniita- 

15  tions   and   conditions   as  the  general   assembly  have   prescribed,  or 
10  may  deem  it  proper  to  annex  and  prescribe  by  law  :  provided,  that 

17  nothing  in  this  act  contained  shall  be  so  construed  as  to  authorize 

18  the   auditor  of  public   accounts  to   issue  his  warrant  or  warrants  in 
10  satisfaction  of  any  judgment  or  decree  of  any  court  of  law  or  equity 

20  against  the  commonwealth,  for  a  sum  of  or  over  three  hundred  dol- 

21  lars,  without  a  special  appropriation  by  law. 

4.  The  payments  to  the  military  institute,  for  support,  to  the 

2  lunatic  asylums,  for  support  and  transportation  of  patients,  and  to 

3  the  institution  for  the  education  of  the  deaf  and  dumb  and  the  blind 

4  shall  be  made,  one-fourth  in  advance  on  the  first  day  of  October, 

5  one-half  on  the  first  day  of  January  (if  the  visitors  or  directors  so 
G  require),  and  the  remaining  one-fourth  on  the  first  day  of  April. 

5.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  213. 

-A         ^ 

a*1 


SENATE    BILL. 


A    BILL 

To  authorize  the  appointments  of  Insp>ectors  of  Leather. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Governor 

2  is   hereby  authorized   to   appoint   an   inspector  of  leather   for   the 

3  several  counties  and  towns  in  which  it  may  be  necessary. 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  214.  ^,A 


SENATE  BILL 


A    BILL 

In  relation  to  printing  the  Acts  of  Assembly. 

1.  Be  it  enacted  by  the  General  Assembly,  That  hereafter  it 

2  shall  be  the  duty  of  the  public  printer  to  cause  the  Acts  of  Assera- 

3  bly  of  Virginia  to  be  printed  with  type,  paper  and  style  conforming 

4  to  that  of  the  volume  containing  the  Acts  of  the  session  of  1857-8. 

2.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  223. 


SENATE    BILL 


A   BILL 

To  amend  the  6th  section  of  an  act  for  the  relief  of  the  Banks  of  this 

Commonwealth. 

1.    Be  it  enacted  by  the  General  Assembly,  That  the  6th  section 

2  of  the  act  passed  on  28th  day  of  February,  1861,  entitled,  "An  act 

3  for  the  relief  of  the  Bants  of  this  Commonwealth,"  be  amended 

4  and  re-enacted  so  as  to  read  as  follows; 

5  "§  6.  On  the  payment  of  every  note,  bill  or  draft,  payable  at  the 

6  cities  of  Baltimore,  Philadelphia,  New  York  and  Boston,  which  may 

7  be  hereafter  discounted  by  any  bank  or  branch  during  the  suspen- 

8  sion  of  specie  payment  by  it,  such  bank  or  branch  shall  pay  to  the 

9  party  for  whom  such  paper  was  discounted,  the  excess  of  exchange 

10  at  the  time  of  such  payment  over  and  above  the  rate  between  the 

11  point  where  such  bank  or  branch  is  located  and  the  point  where 

12  such  paper  is  payable,  at  the  time  such  bank  or  branch  suspended 

13  specie  payment;  and  on  failure  of  such  bank  or  branch  to  pay  such 
11  excess  on  paper  hereafter  discounted,  the  party  entitled  thereto  may 


2  Bill  No.  223. 

1  ">  recover  the  same  l>y  warrant  before  any  justice  of  the  peace,  or 
1G  when  the  amount  is  over  fifty  dollars,  by  motion  on  ten  days'  notice 

17  hefore  any  court  of  the  county  or  corporation  where  such  bank  or 

18  branch  is  located." 

2.    This  act  shall  be  in  force  from  its  passage. 


T1 


BILL  No.  225. 


1. 


SENATE    BILL. 


A   BILL 

To  authorize  the  Treasurer  of  the  State  to  destroy  certain  bank  notes 
now  in  his  office,  and  such  as  may  be  received  in  future. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Treasurer 

2  of  the   Commonwealth  be  authorized  and  required  to  destroy  the 

3  bank  notes  now  on  deposit  in  his  office,  which  have  been  returned 

4  to  said  office  for  cancellation  or  renewal  by  the  several  banks  of  the 

5  State;  and  in  future  all  such  bank  notes  so  returned  to  said  office, 
C)  after  the  same  shall  have  been  cancelled  or  renewed,  shall  be  de- 

7  stroyed  by  the  said  Treasurer  and  the  agent  of  such  bank  so  return- 

8  ing  their  notes. 

2.  This  act  shall  commence  and  be  in  force  from  its  passage. 


\  ^ 


BILL  No.  229.  ^O 

y       "V 
a 


SENATE  BILL. 


A    BILL 

jfo  amend  the  fifteenth  section  of  chapter  109  0/  the  Code  of  Virginia, 

{second  edition.) 
I.    Be  it  enacted  by  the  General  Assembly,  That  the  fifteenth 

2  section  of  chapter  one  hundred  and  nine  of  the  second  edition  of 

3  the  Code  of  Virginia,  be  amended  and  re-enacted  so  as  to  read  as 

4  follows  : 

5  "  §  15.    When  a  decree  for  a  separation  forever,  or  for  a  limited 

6  period,  shall  have  been  pronounced  in  a  suit  for  a  divorce  from  bed 

7  and  board,  it  may  be  revoked  at  any  time  thereafter  by  the  same 

8  court  by  which  it  was  pronounced,  under  such  regulations  and  re- 

9  strictions  as  the  court  may  impose  upon  the  joint  application  of  the 

10  parties ;  and  upon  their  producing  satisfactory  evidence  of  their 

11  reconciliation,  and  when  a  divorce  from  bed  and  board  has  been 

12  decreed  for  abandonment  or  desertion,  and  five  years  shall  have 

13  elapsed  from  the  abandonment  or  desertion  without  such  reconcilia- 

14  tion,  the  court  may,  upon  the  application  of  the  injured  party  and 

15  the  production  of  satisfactory  evidence,  whether  taken  theretofore, 

16  or  in  support  of  such  application,  decree  or  divorce  from  the  bond 


2  Bill  No.  220. 

17  of  matrimony :  provided,  the  court  shall  be  of  opinion  that  such 

18  decree  "would  have  been  proper,  -when  the  decree  from  bed  and 

19  board  was  pronounced,  had  five  years  then  elapsed,  and  the  -whole 

20  evidence  adduced  upon  said  application  been  before  the  court,  and 

21  that  no  reconciliation  is  probable. 

3.   This  act  shall  be  in  force  from  its  passage. 


A* 


C?} 


BILL  No.  230. 


SENATE    BILL. 


A   BILL 

To  amend  the  forty-fifth  section  of  chapter  171  of  the  Code  of  Virginia. 
1.   Be  it  enacted  by  the  General  Assembly,  That  the  forty-fifth 

2  section  of  chapter  one  hundred  and  seventy-one  of  the  Code,  be 

3  amended  and  re-enacted  so  as  to  read  as  follows : 

4  "§  45.    If  a  defendant  against  whom  judgment  is  entered  in  the 

5  office,  shall,  before  it  becomes  final,  appear  and  plead  to  issue,  it 

6  shall  be  set  aside,  unless  an  order  for  enquiry  of  damages  has  been 

7  executed ;  in  which  case  it  shall  not  be  set  aside  without  good  cause. 

8  And  in  no  case  shall  the  judgment  so  entered  in  the  office  be  set 

9  aside,  unless  the  plea  be  verified  by  affidavit  or  good  eause  be  shown 

10  for  the  failure  so  to  verify  it.     Any  such  issue  may  be  tried  at  the 

11  same  term,  unless  the  defendant  show  good  cause  for  a  continuance." 


BILL  No.  232.  \^ 


SENATE  BILL, 


A    BILL 

Authorizing  the  Petersburg  railroad  company  to  increase  its  capital  stock. 

1.  Be  it  enacted,  That  it  shall  be  lawful  for  the  stockholders  of 

2  the  Petersburg  railroad  company,  in  general  meeting,  to  increase 

3  the  capital  stock  of  said  company  by  directing  the  issue  of   new 

4  stock  to  the  holders  of  the  present  stock,  to  such  an  amount  as  the 

5  said  stockholders,  in  general  meeting,  may  think  fit:  provided,  the 
G  amount  of  new  stock  so  to  be  issued,  shall  not  exceed  one-half  the 
7  amount  of  the  present  stock  of  said  company. 

2.  The  said  company,  if  the  stockholders  shall  so  direct,  shall 

2  be  authorized  to  issue  certificates  of  stock  for  half  shares  or  other 

3  fractions  of  shares. 

3.  This  act  shall  be  in  force  from  its  passage. 


BILL  No.  234.  v 


SENATE     BILL. 


A   BILL 

To  amend  the  charter  of  Broivris  G-ap  turnpike  company. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  second 

2  section  of  the  act  passed  March  — ,  1853,  entitled,  "An  act  incor- 

3  porating  the  Brown's  Gap   turnpike  company,"  be  amended  and 

4  re-enacted  so  as  to  read  as  follows  : 

5  "  §  2.  "When  one  hundred  shares  of  said  capital  stock  shall  have 

6  been  subscribed,  the  subscribers  or  their  personal  representees  shall 

7  be,  and  are  hereby  incorporated  by  the  name  of  the  "  Brown's  Gap 

8  turnpike  company,"  with  power  to  construct  their  road  not  less  than 

9  18  feet  in  width,  and  of  a  grade  not  exceeding  four  degrees  at  any 

10  point,  with  authority  to  demand  and  receive  of  all  who  use  not  less 

11  than  one  mile  of  said  road,  tolls  for  the  use  of  the  same,  and  the 

12  said  company  shall  be  subject  to  the  provisions  of  the  Code  of  Vir- 

13  ginia  on  the  subject  of  turnpike  companies,  except  so  far  as  the 

14  same  shall  be  in  conflict  with  the  provisions  of  this  act. 

15  The  county  court  of  Albemarle  is  authorized  to  transfer  such 

16  sections  and  portions  of  the  county  road,  now  used  in  connection 

17  with  the  road  of  said  company,  upon  such  terms  as  may  be  agreed 


2  Bill  No.  234. 

18  upon  between  them,  to  be  incorporated  into  the  road  of  said  com- 

10  pany :  provided,  the  same  be  first  recommended  by  a  report  of  one 

20  or  more  of  the  road  commissioners  of  said  county,  all  the  justices 

21  of  the  county  having  been  first  duly  summoned  to  consider  the 

22  same,  and  a  majority  of  those  present  concurring  therein." 

2.  This  act  shall  be  in  force  from  its  passage. 


\6      ^ 

BILL  No.  235.        v  r\J 


SENATE   BILL 


A   BILL 

To  incorporate  a  company  to  construct  a  railroad  from  Strasburg  to 

Winchester. 

1.  Be  it  enacted  by  the  General  Assembly,  That  it  shall  be 

2  lawful  to  open  books  at  Strasburg,  in  the  county  of  Shenandoah, 

3  upon  ten  days'  notice,  under  the  direction  of  J.  C.  Richardson,  John 

4  F.  Balthis,  Edward  Zea,  John  Pirkey,  P.  F.  Everly,  John  S.  Hupp, 

5  or  any  three  of  them,  at  such  time  or  times  as  they  may  deem 
G  proper,  and  in  such  other  place  or  places  and  under  the  direction 

7  of  such  agents  as  the  commissioners  acting  may  appoint,  for  the 

8  purpose  of  receiving  subscriptions  to  the  amount  of  four  hundred 

9  thousand  dollars,  divided  into  shares  of  fifty  dollars  each,  to  consti- 

10  tute  a  joint  capital  stock,  for  the  purpose  of  constructing  a  railroad 

11  from  Strasburg  to  Winchester,  to  be  connected  with  the  Manassas 

12  Gap  railroad  at  Strasburg,  and  with  the  Alexandria,  Loudoun  and 

13  Hampshire  railroad  at  Winchester 

2.  "Whenever  one  hundred  thousand  dollars  of  the  stork  shall  be 

2  subscribed,  the  subscribers  and  their  bu  shall  be  and  are 

3  hereby  incorporated  into  a  company,  by  the  name  of  t!        Si    isburg 


2  Bill  No.  235. 

4  railroad  company;"  subject  to  all  the  provisions  and  entitled  to  all 

5  the  benefits  and  powers  conferred  by  the  provision!  of  chapters 

6  fifty-six  and  fifty-seven  of  the  Code  of  Virginia,  so  far  as  the  same 

7  may  be  applicable  and  not  inconsistent  with  the  provisions  of  this 

8  charter. 

3.   This  act  shall  commence  and  be  in  force  from  its  passage. 


BILL   No.   23G.  %<\ 


^  v<3) 


~\) 


SENATE    BILL. 


A    BILL 

Transferring  the  Caeapon  and  North  Branch  turnpike  to  the  count// 
court  of  Hampshire  count//. 

Whereas,  it  is  represented  to  the  General  Assembly  of  the  State 

2  of  Virginia,  that  the  travel  upon  the  road  known  as  the  Caeapon 

3  and  North  Branch  turnpike,  in  the  county  of  Hampshire,  is  insuffi- 

4  cient  to  furnish  the  amount  of  toll  necessary  to  keep  the  road   in 

5  proper  repair  ;  therefore, 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  turnpike 

2  known  as  the  Caeapon  and  North  Branch  turnpike  in  the  county  of 

3  Hampshire,  be  and  the  same  is  hereby  transferred  to  and  vested  in 

4  the  county  court  of  Hampshire,  to  be  held  and  kept  in  repair  for 

5  public  use,  and  to  be  in  all  respects  subject  to  the  authority  of  said 

6  court  as  other  public  roads  in  said  county:  provided,  however,  that 

7  the  assent  to  the  transfer  shall  first  be  obtained  of  such  stockholders, 

8  other  than  the  State,  as  may  assemble  in  general  meeting,  after  pub- 

9  lication  of  notice  of  the  time  and  place  for  such  meeting,  for  two 
10  months. 

2.  This  act  shall  be  in  force  from  it >  passage. 


BILL  No.  238. 


& 


SENATE    BILL 


A   BILL 
To  prevent  the  suspension  of  work  on  the  Covington  and  Ohio  railroad. 
Whereas,  the  contractors  on  the   Covington  and  Ohio  railroad 

2  arc  sustaining  great  loss  in  consequence  of  the  depreciation  of  State 

3  stock,  mainly  caused  by  the  political  troubles  of  the  country,  and 
1  "will  be  compelled  to  abandon  their  contracts  unless  some  relief  is 
5  granted  :  and  whereas,  great  loss  would  be  sustained  by  the  State  if 
I)  the  "work  on  the  Covington  and  Ohio  railroad  should  be  suspended  ; 
7  therefore, 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Board  of 
'1  Public  Works  be,  and  they  are  hereby  authorized  to  increase,  to  a 
;j  rate  not  exceeding  ten  per  cent.,  the  prices  which   have  been  eon- 

4  tracted  to  be  paid  to  the  contractors  on  the   Covington  and  Ohio 

5  railroad  :  provided,  that  such  increase  of  prices  shall  only  be  allowed 

6  to  the  contractors  who  arc  now  actually  engaged  in  the  construction 

7  of  said  road  :  and  provided,  further,  that  such  increase  of  prices 
I  shall  only  continue  to  the  first  day  of  January,  L862. 

1.    This  act  shall  be  in  force  from  its  passage. 


BILL  No.  239. 


1? 


SENATE    BILL. 


A    BILL 

jFo;#  compensating  the  families  of  persons  killed  by  accidents. 

Whereas,  no  action  at  law  is  now  maintainable  against  a  person 

2  who,  by  his  wrongful  act,  neglect  or  default,  may  have  caused  the 

3  death  of  another  person,  and  it  is  right  and  expedient  that  the 

4  wrongdoer  in  such  case  should  be  answerable  in  damages  for  the 

5  injury  so  caused  by  him  : 

1.  Be  it  therefore  enacted  by  the  General  Assembly,  That  when- 

2  soever  the  death  of  a  person  shall  be  caused  by  wrongful  act,  neglect 

3  or  default,  and  the  act,  neglect  or  default  is  such  as  would  (if  death 

4  had  not  ensued)  have  entitled  the  party  injured  to  maintain  an  action 

5  and  recover  damages  in  respect  thereof,  then  and  in  every  such  case 

6  the  person  who  would  have  been   liable,  if  death  had  not  ensued, 

7  shall  be  liable  to  an  action  for  damages,  notwithstanding   the  death 

8  of  the  person  injured. 

2.  And  be  it  enacted,  That  every  such  action  shall  be  for  the 
3  benefit  of  the  wife,  husband,  parent  and  child  of  the  person  whose 

3  death  shall  have  been  so  caused,  and  shall  be  brought  by  and  in  the 

4  name  of  the  personal  representative  of  the  person  deceased;  and  in 


2  Bill  No.  239. 

5  every  such  action,  the  jury  may  give  such  damages  as  they  may 

6  think  proportioned  to  the  injury  resulting  from  such  death,  to  the 

7  parties  respectively  for  whom  and  for  ■whose  benefit  such  action  shall 

8  be  brought ;  and  the  amount  so  recovered,  after  deducting  the  costs 

9  not  recovered  from  the  defendant  or  defendants,   shall  be  divided 

10  amongst  the  before-mentioned  parties  in  such  shares  as  the  jury  by 

11  their  verdict  shall  find  and  direct:  provided,  always,  that  not  more 

12  than  one  action  shall  lie  for  and  in  respect  of  the  same  subject  mat- 

13  ter  of  complaint,  and  that  every  such  action  shall  be  commenced 

14  within  twelve  calendar  months  after  the  death  of   such  deceased 

15  person. 

3.  And  be  it  enacted,  That  the  following  words  and  expressions 

2  are  intended  to  have  the  meanings  hereby  assigned  to  them  rcspec- 

3  tively,   that  is  to  say:    the  word   "parent"    shall   include  father 

4  and  mother  and  grandfather  and  grandmother,  and  step-father  and 

5  step-mother;  and  the  word  "  child"  shall  include  son  and  daughter 

6  and  grandson  and  grand  daughter,  and  step-son  and  step-daughter. 

4.  And  be  it  enacted,  That  this  act  shall  be  taken  and  construed 

2  to  be  remedial  only,  and  not  in  derogation  of  the  common  law,  and 

3  shall  come  into  operation  from  and  immediately  after  the  passing 

4  thereof. 


BILL  No.  242. 


SENATE    BILL. 


A  BILL 

Authorizing  the  amendment  of  the  charter  of  the  Eollidays  cove  rail- 
road company. 

1.  Be  it  enacted  by  the  General  Assembly,   That  the  council  of 

2  the  city  of  Wheeling  is  hereby  authorized,  at  its  discretion,  and  for 

3  such  consideration  (the  payment  whereof  shall  be  properly  secured) 

4  as  may  be  agreed  on  between  it  and  the  Holliday's  cove  railroad 

5  company,  to  relieve  the  said  company  from  the  restrictions  contained 

6  in  sections  7,  8,  9,  10  and  11  of  an  act  passed  March  30th,  1860, 

7  entitled,  "  An  act  to  incorporate  the  Holliday's  cove  railroad  com- 

8  pany :  such  release  to  be  acknowledged  and  recorded  in  the  clerk's 

9  office  of  the  county  court  of  Ohio  county. 

2.  This  act  shall  be  in  force  from  its  passage. 


0         ^ 
BILL  No.  246.  \^       ,.' 


L<* 


^KNATE    BILL. 


A    BILL 

Establixluihj  a  Board  of  Claims. 

1.   Be  it  enacted  by  the  General  Assembly,  That  the  Auditor  of 

2  Public  Accounts,  the  Second  Auditor  and  the  Registrar  of  the  Land 

3  Office  be,  and  they  are  hereby  constituted  a  "  Board  of  Claims,"  to 
1  examine  and  allow  all  claims  upon  the  Commonwealth  which  are 

5  legally  or  equitably  chargeable  thereto,  and  which  cannot  be  paid 

6  by  the  Auditor  of  Public  Accounts  under  existing  laws.     Any  per- 

7  son  desiring  to  have  any  such  claim  audited  and  paid,  may,  within 

8  five  years  after  the  claim  originated  and  became  payable,  file  with 

9  the  said  board  a  declaration  in  writing,  verified  by  affidavit,  setting 

10  forth  the  facts  upon  which   he   claims   relief:   and  the   said   board 

11  shall  grant  sueh  relief  as,  upon  the   facts  properly  proved,   shall 

12  appear  just  and  equitable.  The  board  shall  in  no  case  pay  a  claim 
L3  exceeding  in  amount  one  hundred  dollars  ;  which  payment  shall  be 
14  upon  the  warrant  of  the  Auditor  of  Public  Accounts,  founded  upon 
If)  the  award  of  the  said  board.  Claims  exceeding  one  hundred  dollars 
lii  may  be   examined,  and   their  payment  recommended  to  the    General 


2  Bill  No.  24G. 

17  Assembly.     The  said  board  shall  file  all  their  awards  and  rccom- 

18  mendations  with  the  Auditor  of  Public  Accounts,  -who  shall,  in  his 
10  official  report  to  the  General  Assembly,  make  an  accurate  statement 

20  of  all  cases  upon  which  such  board  may  have  acted,  and  the  grounds 

21  upon  -which  the  said  board  may  may  have  granted  or  refused  relief. 

2.    This  act  shall  be  in  force  from  its  passage. 


BILL  No.  253. 


0*" 


>+ 


SENATE   BILL. 


A    BILL 

Offering  for  sale  a  portion  of  the  armory  grounds. 
1.  Be  it  enacted  by  the  General  Assembly,  That  the  superinten- 

2  dent  of  the  armory  shall  cause  to  be  marked  off   so  much  of  the 

3  armory  grounds  as  may,  in  the  opinion  of  the  Governor  and  himself, 

4  be  spared  without  impairing  the  efficiency  of  the  armory,  as  a  place 
A  for  the  manufacture  of   arms  as  contemplated  by  law,   and  cause 

6  accurate  maps  thereof  to  be  made,  and  shall  advertise  such  surplus 

7  ground  for  sale,  by  inviting  written  proposals  for  the  same  up  to  the 

8  first  day  of  December,  1861,  and  shall  report  a  list  of  all  such  pro- 
0  posals  to  the  Governor,  to  be  by  him  submitted  to  the  next  General 

10  Assembly  for  its  ratification  or  rejection. 


BILL  No.  254. 


SENATE    BILL. 


A   BILL 

To  provide  quarters  for  the  Public  Guard,  and  a  depot  for  arms  and 
munitions  of  war  at  the  city  of  Richmond. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  Governor 

2  shall  cause  to  be  prepared  suitable  designs  and  plans  for  the  build- 

3  ings  necessary  for  quarters  for  the  Public  Guard,  and  a  depot  for 

4  arms  and  munitions  of  war,  and  cause  the  same  to  be  erected  on  a 

5  site  to  be  selected  and  purchased  by  him  and  the  superintendent  of 
(i)  the  armory  for  that  purpose. 

2.  Be  it  further  enacted,  That  the  sum  of  thousand  dollars 

2  is  hereby  appropriated  for  the  purposes  aforesaid,  out  of  any  money 

3  in  the  treasury  not  otherwise  appropriated. 


BILL  No.  255. 


O' 


o> 


SENATE    BILL 


A    BILL 

To  authorize  the  Alexandria,  Loudoun  and' Hampshire  Railroad  Coin 
pamj  to  increase  its  capital  stock,  and  to  receive  payment  in  land. 
1.    Be  it  enacted  by  the  General  Assembly,  That  the  directors 

2  of  the  Alexandria,  Loudoun  and  Hampshire  Railroad  company  may, 

3  from  time  to  time,  increase  their  capital  stock  by  new  subscriptions, 

4  any  may  receive  payment  for  shares  of  said  company,  at  such  rates 

5  as  may  be  agreed  upon  between  them  and  the  subscribers,  any  lands 

6  situated  in  this    State  and  State  of  Maryland  in  the   county  of 

7  Alleghany:    provided,  the   said   company  shall,   within   ten  years 

8  after   their   railroad   shall   have   been   completed   to   Piedmont   in 

9  Hampshire,  make  a  bona  fide  sale  and  transfer  of  all  the  lands  thus 
10  received  in  payment  for  such  subscriptions. 


Date  Due 


